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Home My WebLink About20152062.tiff MEMORANDUM TO: Clerk to the Board DATE: December 21, 2015 FROM: Richard White, Public Works Department SUBJECT: Consent Agenda Item RE: RFP No. B1500143 Bridge 68/59A Design Contract Award for Professional Services Agreement with S.E.H. Engineering. RECEIVED DEC 2 2 2015 WELD COUNTY COMMISSIONERS 001/1. APPIde/C 6',(-Pte) Y-/-D/ 6) ;o45--,92062 MEMORANDUM Date : December 21 , 2015 To : Trevor Jiricek, General Services Director From: Richard White, Project Manager Don Dunker, County Engineer RE: Bridge 68/59A Design Contract Award (RFP No. B1500143) BOCC Approval Date December xx, 2015 The Public Works Department provided a pass-around to the BOCC on December 9th, describing the negotiations that have taken place with S.E.H. Engineering consulting firm. The Board approved the bridge 68/59A pass-around, authorizing moving forward with the execution of the Professional Services Agreement. It is our recommendation to execute the design contract with S .E.N. Engineering consulting firm by having the Board Chairman sign the agreement. It is anticipated that the design and bid documents will be done by late 2016 and construction will be done in the spring of 2017. Attachments: • Previous pass-around for this project. • Professional Services Agreement to be executed. vwkir BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE : Bridge 68/59A Replacement Project - Design Consultant Selection DEPARTMENT: _ PUBLIC_W. ORKS DATE: 12/9/2015 PERSON(S) REQUESTING: _ Don Dgnker and Richard White Brief description of the problem/issue : Weld County has received federal funds for the replacement of Bridge 68/59A over Crow Creek. The project is located on WCR 68 approximately 1 /4 of a mile east of SE-I 392 . The County intends to replace the existing deficient bridge, which is 94 foot long concrete structure built in 1957 , with a slightly longer and wider structure. The total budget has been estimated at approximately $ 1 , 500,000 . Public Works conducted a selection process to select a consultant for the design phase of this project . The funding for this project is a CDOT Bridge replacement Grant that will provide reimbursement for the design phase as well as the construction phase. In order to be eligible for design reimbursement, a QBS style consultant selection process was required and is now complete. The consultant selection team consisted of Don Dunker, Mike Bedell, Cinde Wright, Marcia Walters and Richard White. Nine consulting firms replied to the Public Works request for qualifications (see attached list) . From that list, three consulting firms were short-listed and a Request for Proposals (REP) was given to each of the three . The RIP for the design of Bridge 68/59A replacement project, also specified some consulting work to be done which will include Bridge 61 /68A, just upstream from the 68159A bridge . Public Works can only apply for reimbursement of design work done by the consultant for bridge 68/59A, however. The design phase for the replacement of bridge 68/59A, along with advertisement and award of a construction contract, will take over a year. In the mean time, bridge 6l /68A is scheduled to be replaced by Weld County crews . Additional work to be done by the consultant includes hydraulic analysis, soil testing and environmental clearances for bridge 61/68A and is essential for this project. Some of the work the consultant will do will help Public Works determine the required dimensions for the replacement of bridge 6I /68A . The flood plain that affects both bridges will be analyzed, and a report provided, showing the affect of the replacement of both bridges on the flood plain. Bridge 61/68A will be replaced by WC crews during the summer of 2016; this will allow CR 61 to be used as part of the detour route, while the bridge 68/59A project is under construction. The consulting firm of Short Elliot & Hendrickson (S .E.H.) scored the best during the consultant selection process (see attached scoring sheet) . We have completed negotiations with S .E. II., the fee for design of bridge 68/59A is $268,632 ( 17 . 8% of the project total), which is the reimbursement amount that CDOT has agreed to pay. CDOT has authorized the award of this design contract to S .E.H. The fee amount for work involving bridge 6 1 /68A is $46,712 ; this amount will be paid by Weld County. Public Works recommends award of contract to S .E. H. for a total amount of $315 ,344. What options exist for the Board : 1 . The Board can direct staff to proceed with the design contract award and place this item on the BOCC agenda, or 2 . Direct staff to schedule a work session for further discussion _ Approve Schedule Recommendation Work Session Comments Barbara Kirkmeyer, Chair - _ ._ Mike Freeman, Pro-Tern \f _ _ _ Sean P . Conway _- .�- - Steve Moreno 1"'l Julie Cozad • 1 E. F c• •"J z 1 emsr M 21, (NJtit v+if: Ul v> Tor- rate VI ori 401 M gt O41 O ovs o a) to ,C o s 40 paal W CC COfess o � +N *- Oc O, to o Q Eat V C OTo tp V 0� W ba1 S D Ca R -O a a c o 0 o� ,c sc c t • Weld County Bridge 68/59A Request for Qualification Summary Date: 7/27/15 1 } Committee Members DD MW RW RFQ Summary Total Scoring CW MB Bohannan 3 5 7 4 6 25 6 cif lam- Drexel Banal 6 7 6 7 7 33 9 z 5 EST 4 9 8 2 5 28 8 I- n Infrastructure 7 2 6 6 9 30 7 H Z O 1UB 5 1 4 6 8 24 4 U Muller 8 4 3 5 4 24 . , RockSol 1 8 2 8 3 22 3 S.E.N. 9 6 1 1 1 18 2 IWilson_ 2 3 5 3 2 15 1 4 Low score is best Shortlisted AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & SHORT ELLIOTT & HENDRICKSON INC. (SEH) BRIDGE 68/59A REPLACEMENT PROJECT THIS AGREEMENT is made and entered into thiscif 1LyofA 1 2 0 5 , by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and S E H, a corporation, whose address is 2000 S. Colorado Blvd. Suite 6000, Colorado Center Tower One, Denver, CO 80222-7938 , hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows : 1 . Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A, B & C, each of which forms an integral part of this Agreement. Exhibits A, B & C, are specifically incorporated herein by this reference . County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A, B & C, define the performance obligations of Contract Professional and Contract Professional ' s willingness and ability to meet those requirements. Exhibit A consists of County' s Request for Proposal (RFP) as set forth in "Proposal Package No . B1500143 ". The RFP contains all of the specific requirements of County. Exhibit B consists of Contract Professional ' s Response to County' s Request for Proposal . The Response confirms Contract Professional ' s obligations under this Agreement. Exhibit C consists of Contract Professional ' s Scope & Fee Proposal . The Scope & Fee Proposal confirms Contract Professional ' s obligations under this Agreement. 2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project described in Exhibit C, which is attached hereto and incorporated herein by reference . Contract Professional shall coordinate with Weld County to perform the services described in attached Exhibits A and B . Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion, and acknowledges that a failure to comply G.o,j_ 020(j with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County ' s decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional ' s completion of the responsibilities described in Exhibits A, B & C . Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, ( 1 ) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3 ) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE ." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional ' s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed . In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6 . Compensation/Contract Amount. Upon Contract Professional ' s successful completion of the services, and County ' s acceptance of the same, County agrees to pay an amount no greater than $ 315,344.00, which is the fee set forth in Exhibit C . Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit C . Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional ' s risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of arty nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Mileage may be reimbursed if the provisions of Exhibits A, B & C permit such payment at the rate set forth in Exhibit C . Contract Professional shall not be paid any other expenses unless set forth in this Agreement. Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25 , title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C .R. S . 29- 1 - 101 et. seq .) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional ' s officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional . Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers ' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers ' compensation and unemployment compensation insurance matters : (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A), provide proof thereof when requested to do so by County. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional . Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County' s prior written consent, which may be withheld in County' s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contract Professional and Contract Professional shall cooperate in such process . The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL ." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C .R. S . 24-72-201 , et seq. , with regard to public records, and cannot guarantee the confidentiality of all documents . Contract Professional agrees to keep confidential all of County' s confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11 . Warranty. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12 . Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc. , generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County' s action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County ' s rights under this Agreement or under the law generally . 13. Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work , the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten ( 10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contract Professional . Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims . The insurance coverage' s specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional . The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors . The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages . The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker' s Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County' s right to immediately terminate this Agreement. Types of Insurance : The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts : Workers ' Compensation Insurance as required by state statute, and Employer' s Liability Insurance covering all of the Contract Professional ' s employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers ' Compensation Act. , AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $ 1 ,000,000 each occurrence; $ 1 ,000,000 general aggregate; $ 1 ,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $ 1 ,000,000 for bodily injury per person, $ 1 ,000,000 for bodily injury for each accident, and $ 1 ,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non- owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services . In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed . Minimum Limits : Per Loss $ 1 ,000,000 Aggregate $ 2 ,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal . Proof of Insurance : County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County' s Risk Administrator in his sole discretion . Additional Insureds : For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional ' s insurer shall name County as an additional insured. Waiver of Subrogation : For all coverages, Contract Professional ' s insurer shall waive subrogation rights against County. Subcontractors : All subcontractors, independent Contract Professionals, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage ' s required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities upon request by the County. 14. Non-Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions . 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances : (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5 ) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information : Contract Professional : John W. Simmer, Vice President Attn . : President, Address: 2000 S . Colorado Blvd , Suite 6000 , Colorado Center Tower One Address : Denver, CO 80222 E-mail : jsimmer@sehinc.com Facsimile : 888-908-8166 With copy to : Name : Steve Kaye Position : Project Manager Address : 2000 S . Colorado Blvd , Suite 6000 , Colorado Center Tower One Address: Denver, CO 80222 E-mail : skaye@sehinc. com Facsimile : 888-908-8166 County: Name : Richard White, P .E. Position: Project Manger Address : 1111 H Street, Greeley Co . 80632 Address : E-mail : Rdwhite@weldgov.com Facsimile : 970-304-6497 18. Compliance with Law. Contract Professional shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21 . Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50.507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional ' s services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County ' s sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional ' s family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional ' s operations, or authorizes funding to Contract Professional . 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act § 24- 1O- 1O1 et seq . , as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101 . Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C .R. S . § 8 - 17 . 5 - 102(5 )(c) . Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E-Verify Program or State of Colorado program procedures to undertake pre- employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3 ) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3 ) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C .R. S . § 8 - 17 .5 - 102(5 ), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C .R. S . § 8- 17 . 5 - 101 et seq. , County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C .R. S . § 24-76 . 5 - 103 (3 ), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen ( 18) years of age or older is lawfully present in the United States pursuant to C .R. S . § 24-76 . 5 - 103 (4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C .R. S . § 24-76 . 5 - 101 , et seq. , and (c) shall produce one of the forms of identification required by C .R. S . § 24-76 . 5 - 103 prior to the effective date of the contract. 29. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 30. Binding Arbitration Prohibited : Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 31 . Official Engineering Publications : Contract Professional acknowledges and agrees that the Colorado Department of Transportation " Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contract Professional under this Agreement, and that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Compensation. 32 . Compliance with Colorado Department of Transportation Regulations and Standards_ Contract Professional acknowledges and agrees that the Colorado Department of Transportation " Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contract Professional under this Agreement, and Contract Professional agrees to meet or exceed all standards set by these publications. Contract Professional further acknowledge and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. Contract professional agrees to meet the DBE goal set by CDOT for this contract (if applicable), and to meet all requirements as set forth in the "CDOT required documents" attached to this agreement. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A,B &C , is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 4 T"• IN WIT +SS WHEREOF,the parties hereto have signed this Agreement this day of ,20 CONTRACT PROFESSIONAL: By: ` Date / // 7//5-- Na e: • LO 4. I Tit e: .0,', 1EIL ••` WELD CIV TY: 1011 ,: ►., 1 ATTEST: . ,1 �• _� %' - ' �� OARD OF COUNTY COMMISSIONERS •Weld Ct n <re :tars� D COUNTY,CO ORADO BY: 0' �; *>Yt� Deputy Cle!? to the Boar')pi* ��,� ara Kirkmeyer, hair C 8 0 2015 APPROVED AS TO FUNDING: APPROVED AS TO S CE: ?"2 Controller Elect ¢t Off ci o1`Departme Ie v. APPROVED AS TO FORM: `�►�`r _ �� Dir 'tor of e'•ral Services County Attorney 020/5OW12J I ADDENDUM A : FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: A . The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule) , at 49 Code of Federal Regulations , Part 18 , except to the extent that other applicable federal requirements ( including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions . The requirements of 49 CFR 18 include , without limitation : 1 . the Local Agency/Contractor shall follow applicable procurement procedures , as required by section 18 . 36 (d ) ; 2 . the Local Agency/Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by , applicable provisions of section 18 . 30 ; 3 . the Local Agency/Contractor shall comply with section 18 . 37 concerning any subgrants ; 4 . to expedite any CDOT approval , the Local Agency/Contractor's attorney , or other authorized representative , shall also submit a letter to CDOT certifying Local Agency/Contractor compliance with section 18 . 30 change order procedures , and with 18 . 36 (d) procurement procedures , and with 18 . 37 subgrant procedures , as applicable ; 5 . the Local Agency/Contractor shall incorporate the specific contract provisions described in 18 . 36 (i) (which are also deemed incorporated herein ) into any subcontract(s) for such services as terms and conditions of those subcontracts . B . Executive Order 11246 of September 24 , 1965 entitled "Equal Employment Opportunity , " as amended by Executive Order 11375 of October 13 , 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $ 10 , 000 by grantees and their contractors or subgrantees) . C . The Copeland "Anti-Kickback" Act ( 18 U . S . C . 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair) . D . The Davis-Bacon Act (40 U . S . C . 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2 , 000 awarded by grantees and subgrantees when required by Federal grant program legislation . This act requires that all laborers and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor) . E . Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U . S . C . 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5) . (Construction contracts awarded by grantees and subgrantees in excess of $2 , 000 , and in excess of $2 , 500 for other contracts which involve the employment of mechanics or laborers) . F . Standards , orders , or requirements issued under section 306 of the Clear Air Act (42 U . S . C . 1857 (h) , section 508 of the Clean Water Act (33 U . S . C . 1368) . Executive Order 11738 , and Environmental Protection Agency regulations (40 CFR Part 15) (contracts , subcontracts , and subgrants of amounts in excess of $ 100 , 000) . l G . Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act ( Pub . L . 94- 163) . H . Office of Management and Budget Circulars A-87 , A-21 or A- 122 , and A- 102 or A- 110 , whichever is applicable . I . The Hatch Act (5 USC 1501 - 1508) and Public Law 95-454 Section 4728 . These statutes state that • federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs . J . 42 USC 6101 et seq . 42 USC 2000d , 29 USC 794 , and implementing regulation , 45 C . F . R . Part 80 et. seq. . These acts require that no person shall , on the grounds of race , color, national origin , age , or handicap , be excluded from participation in or be subjected to discrimination in any program or activity funded , in whole or part , by federal funds ; K . The Americans with Disabilities Act ( Public Law 101 -336 ; 42 USC 12101 , 12102 , 12111 - 12117 , 12131 - 12134 , 12141 - 12150 , 12161 - 12165 , 12181 - 12189 , 12201 - 12213 47 USC 225 and 47 USC 611 . L . The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91 -646 , as amended and Public Law 100- 17 , 101 Stat. 246-256) . ( If the contractor is acquiring real property and displacing households or businesses in the performance of this contract. ) M . The Drug-Free Workplace Act ( Public Law 100-690 Title V, subtitle D , 41 USC 701 et seq . ) . N . The Age Discrimination Act of 1975 , 42 U . S . C . Sections 6101 et. seq . and its implementing regulation , 45 C . F . R . Part 91 ; Section 504 of the Rehabilitation Act of 1973 , 29 U . S . C . 794 , as amended , and implementing regulation 45 C . F . R . Part 84 . 0 . 23 C . F . R . Part 172 , concerning "Administration of Engineering and Design Related Contracts" . P . 23 C . F . R Part 633 , concerning " Required Contract Provisions for Federal-Aid Construction Contracts" . Q . 23 C . F . R . Part 635 , concerning "Construction and Maintenance Provisions" . R . Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 . The requirements for which are shown in the Nondiscrimination Provisions , which are attached hereto and made a part hereof. APRIL 1980 Nondiscrimination Provisions : In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973 , the Contractor, for itself, its assignees and successors in interest, agree as follows: A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21 , hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. B . Nondiscrimination. The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. D. Information and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information. E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to : 1 . Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; 2. Cancellation, termination or suspension of the contract, in whole or in part. F. Incorporation of Provisions. The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States. ATTACHMENT LO Certification for Federal-Aid Contracts The contractor certifies , by signing this contract, to the best of its knowledge and belief, that : 1 . No Federal appropriated funds have been paid or will be paid , by or on behalf or the undersigned , to any person for influencing or attempting to influence an officer or employee of any Federal agency , a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal loan , the entering into of any cooperative agreement, and the extension , continuation , renewal , amendment, or modification of any Federal contract , grant, loan , or cooperative agreement. 2 . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress , or an employee of a Member of Congress in connection with this Federal contract , grant , loan , or cooperative agreement , the undersigned shall complete and submit Standard Form-LLL , " Disclosure Form to Report Lobbying , " in accordance with its instructions . This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into . Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 , Title 31 , U . S . Code . Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 for each such failure . The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts , which exceed $ 100 , 000 and that all such subrecipients shall certify and disclose accordingly . Required by 23 CFR 635 . 112 ATTENTION CONSULTANTS - NOTICE In February , 1999 the U . S . Department of Transportation ( USDOT) revised its Title 49 , Code of Federal Regulations , Parts 23 and 26 , concerning its continuing requirement that all States implement a Disadvantaged Business Enterprise ( DBE) Program for all federally-funded contracts . That federal requirement applies to all section 24-30- 1401 , C . R . S . , federally-funded professional services consultant agreements executed by CDOT. In response to that federal regulation , in June , 2001 the Colorado Transportation Commission adopted Resolution No . 966 . Among other things , Resolution No. 966 established a new DBE goal setting process for professional services consultant contracts , in order to more narrowly tailor CDOT' s DBE program to conform with the results of the 2000 Statewide Disparity Study . That Disparity Study found that all DBEs will be considered to be UDBEs . Accordingly , CDOT will now set individual project goals on consultant contracts for all UDBE professional services consultants/subconsultants , based upon the type of work included in each project and the availability of U DBEs capable of performing such work . CDOT will use a consultant's proposed use of UDBE participation in the project work as an evaluation criterion in the selection of a consultant for the project. P roject specific DBE goals will be set by the appropriate Regional EEO Representative or Headquarters DBE Program Manager, using a process similar to the one currently used to establish DBE goals for UDBEs on highway construction projects . As a result, all CDOT professional services projects advertised after June , 2001 shall contain individual project U DBE goals conforming to Resolution No . 966 , and each selected consultant shall be required by CDOT's project contract to provide the UDBE participation contained in its proposal . Please refer to the section in the Statement of Interest package that describes the new DBE goals and requirements . • ,I i October 26 , 1999 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 1 . Definitions and Procedures - For this project , the following terms are defined : A. Disadvantaged Business Enterprise ( UDBE) . A small business concern that is certified as being : 1 . At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business , at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals ; and 2 . Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 3 . " Socially and Economically Disadvantaged individuals" means those individuals who are citizens or lawfully admitted permanent residents of the United States and who are : (a) Minorities or individuals found by the Small Business Administration pursuant to Section 8 (a) of the Small Business Act to be disadvantaged . ( b) Individuals found by the Office of Certification at the Department of Regulatory Agencies to be socially and economically disadvantaged . B . UDBE Joint Venture . An association of two or more businesses formed to carry out a single business enterprise for profit for which purposes they combine their property , capital, efforts, skills and knowledge . UDBE joint ventures must be certified as a joint venture. The UDBE percentage of the joint venture will be determined at the time of certification . C . Underutilized UDBE ( UDBE) . A firm which meets the definition of Underutilized Disadvantaged Business Enterprise ( UDBE) based on the findings and recommendations of CDOT' s Disparity Study concerning consultants on CDOT projects and is eligible to meet the contract goal as defined in the paragraph titled " Contract Goal . " The Colorado Transportation Commission adopted Resolution No. 966 and set a 10 . 93% overall annual goal for the remainder of FFY 2001 and for FFY 2002 . D. Contract Goal . The goal for UDBE participation that the Department determines should appropriately be met by the selected consultant, based on the type of work included in each project and the availability of UDBEs capable of performing such work. The Contract goal will be the percentage stated in the invitation for consultant services and in the project documents. E . Certification as a UDBE by the Department of Regulatory Agencies ( DORA) for status as a rl apply to the Department 1 . Any small business may app yg ►y g UDBE . Application shall be made on forms provided by the DORA for certification of UDBEs . However, only work contracted or subcontracted to UDBEs that also qualify as UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications . 2 . It shall be the UDBE applicant' s responsibility to submit applications so that the DORA has sufficient time to render decisions . The DORA will review applications in a timely manner but is not committed to render decisions about a firm ' s UDBE status within any given period of time . 3 . The Department will prepare , publish or make available from time to time a list of UDBE contractors , consultants , vendors and suppliers for the purpose of providing a reference source to assist any consultant in identifying UDBEs and UDBEs . Consultants will be solely responsible for verifying the Certification of UDBEs they intend to use prior to submitting a Statement of Interest ( SO1 . ) The ` Business Programs Office in the Center for Equal Opportunity will maintain a current list of eligible UDBEs . The UDBE list is also available at : http ://www.dot.state .co . us/business/design/consultantmgt/ 2 . Selection of UDBEs by Consultant : A . Consultants shall exercise their own judgments in selecting any subconsultant to perform any portion of the work . 3 . Requirements A . The use of UDBEs is an evaluation factor for consultant selection under Section 24-30- 1403 (2) CRS . All Consultants shall submit with their proposals a list of the names of their UDBE subconsultants to meet the contract goal . B . If the Consultant proposes to voluntarily use any non-UDBEs on the project , the Consultant shall also submit the names of those UDBEs . However, the non-UDBEs will not be used to meet the UDBE goal for the project. C . Evaluation points will be awarded for UDBE participation during the Statement of Interest (SOI ) scoring . A maximum of 5 evaluation points will be awarded for UDBE participation during the SOI scoring . If the consultant doesn 't submit sufficient UDBE participation to meet the project goal , they may be awarded from 0 to 4 points , based on the amount of UDBE participation they submit. D . The selected consultant must use the UDBE firms named ( if any) in the Statement of Interest for the items of work described . The replacement of a named UDBE firm will be allowed only as provided for in (6) of the UDBE Definitions and Requirements . Failure to comply may constitute grounds for default and termination of the Contract. M E . Consultant' s UDBE Obligation . 1 . The Consultant submitting a Statement of Interest and a Work Plan on consultant projects • advertised by the Department agrees to ensure that UDBEs , as defined in this special provision , have the maximum opportunity to participate in the performance of contracts or subcontracts . The prime Consultant shall not discriminate on the basis of race , color, national origin , or sex in the selection and bidding process or the performance of contracts . 2 . To ensure that UDBEs are offered maximum opportunity to participate in the performance of contracts , it is the responsibility of the prime Consultant to offer and to provide assistance to UDBEs related to the UDBE performance of the subcontract . However, the UDBE must independently perform a commercially useful function on the project, as described in F(4) below. F . Counting UDBE Participation Toward Goals 1 . Once a firm has been certified as a UDBE , the total dollar amount of the contract awarded to the firm shall be counted toward the contract goal as explained below , and as modified for the project in the project special provisions titled " Contract Goal . " 2 . The actual dollar total of a proposed subcontract, supply or service contract with any UDBE firm shall be reported to the Department in the Consultant's Cost Proposal . 3 . The eligibility of a proposed UDBE subconsultant will be finally established based on the firm 's status at the time the contract is signed . If a firm becomes certified as a UDBE during performance under a fully executed contract with CDOT but prior to the UDBE performing any work , then 100% of the work performed by the firm under that contract may be claimed as eligible work . No work 1 performed by a UDBE firm can be counted toward UDBE participation prior to the firm receiving certification as a UDBE . 4 . The Consultant may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A UDBE is considered to be performing a commercially useful function by actually performing , managing , and supervising the work involved . To determine whether a UDBE is performing a commercially useful function , the Department will evaluate the amount of work subcontracted , work performed solely by the UDBE , industry practices , and other relevant factors . 5 . A UDBE may enter into subcontracts consistent with normal industry practices . If a UDBE subcontracts over 51 % of the work of the Contract the UDBE shall be presumed not to be performing a commercially useful function . The UDBE may present evidence to rebut this presumption to the Department . 6 . The Consultant may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers ( regular dealers) and manufacturers specifically for use on the project, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies . a . The Consultant may count 100 percent of its expenditures to an UDBE manufacturer if the purchased items are to be used on the project. A UDBE manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Consultant. b . The Consultant may count 60 percent of its expenditures to UDBE suppliers that are not manufacturers , provided that the UDBE supplier performs a commercially useful function in the supply process . A supplier is a certified firm that owns , operates , or maintains a store, warehouse , or other establishment in which the materials or supplies required for the performance of the Contract are bought , kept in stock , and regularly sold to the public in the usual course of business . To be a supplier the firm must engage in , as its principal business and in its own name , the purchase and sale of the products in question . A supplier in such bulk items as steel , cement , gravel , stone , and petroleum products need not keep such products in stock , if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section . c. The Consultant may count toward its UDBE goal the following expenditures to UDBE firms that are not manufacturers or suppliers : 1 . The fees or commissions charged for providing a bona fide service , such as professional , technical , consultant or managerial services and assistance in the procurement of essential personnel , facilities , equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services . 2 . The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies , provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services . 3 . The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract , provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services . 4 . Determination of goal achievement To determine the goals achieved under this Contract, the UDBE participation shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance . The Consultant shall maintain records of payment that show amounts paid to all UDBEs and UDBEs . Upon completion of E and other UDBEs that list of all UDBEs ( both UDBEs the project, the Consultant shall submit a s ) participated in this Contract , the subcontract tier number of each , and the dollar amount paid to each . The Consultant shall certify the amount paid , which may be audited by the Department. When the participation by UDBEs is less than the Consultant committed to the Department, the Consultant shall submit a statement to CDOT that indicates the amount of participation and gives reasons why it was different from the Consultant's commitment. 5 . Replacement of UDBEs used to meet the contract goal A . Based upon a showing of good cause the Consultant may request that a UDBE named in the Consultant' s Statement of Interest be replaced with another UDBE pursuant to the terms and conditions of this special provision . Replacements will be allowed only with prior written approval of the Department. B . If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract , the Consultant shall furnish to the Department the following : 1 . Written permission of the named UDBE . Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Consultant. 2 . A full written disclosure of the circumstances making it impossible for the Consultant to comply with the condition of award . 3 . Documentation of the Consultant's assistance to the UDBE named in the Consultant' s Statement of Interest . 4 . Copies of any pertinent correspondence and documented verbal communications between the Consultant and the named UDBE . 5 . Documentation of the Good Faith Efforts in finding a replacement UDBE and the results of the efforts . It is within the control of the Consultant to locate , prior to award , UDBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason , increased cost shall not, by itself, be considered sufficient reason for not providing an in-kind replacement. C . In the event a UDBE begins to prosecute the work and is unable to satisfactorily complete performance of the work , the Consultant shall furnish to the Department the following : mi 1 . Documentation that the subject UDBE did not perform in a satisfactory manner. 2 . Documentation of the Consultant's assistance to the UDBE prior to finding the UDBE in default. 3 . A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Consultant. 4 . Copy of the contract between the Consultant and the UDBE , plus any modifications thereto . 6 . Sanctions A. It is the obligation of the Consultant to provide UDBE firms with the maximum opportunity to participate in the performance of the work . B . It is the responsibility of UDBE firms to perform their work in a responsible manner fully consistent with • the intent of the UDBE program , and in substantial compliance with the terms and conditions of these UDBE definitions and requirements . C . UDBE firms which fail to perform a commercially useful function as described in subsection 4 (E) of these UDBE definitions and requirements or operate in a manner which is not consistent with the intent of the UDBE program may be subject to revocation of certification . D . A finding by the Department that the Consultant has failed to comply with the terms and conditions of these UDBE definitions and requirements may constitute sufficient grounds for default and termination of the Contract. February 3 , 2011 1 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal-Aid Construction Contracts. As described in Section I . General , the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification : The weekly payrolls submitted by contractors and subcontractors in accordance with Part V. , paragraph 2c shall not include full social security numbers and home addresses . Instead , the payrolls shall only need to include an individually identifying number for each employee (e . g . the last four digits of the employee's social security number) . Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them to the SHA upon request. February 3 , 2011 2 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS FHWA-1273 Electronic version -- March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS 6. Selection of Labor: During the performance of this contract, Page the contractor shall not: I . General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II . Nondiscrimination . . . . . . . . . . 1 a . discriminate against labor from any other State , possession, or territory of the United States (except for employment preference III . Nonsegrated Facilities . . . . . . . 3 for Appalachian contracts, when applicable , as specified in IV. Payment of Predetermined Minimum Wage . 3 Attachment A) , or V. Statements and Payrolls . . . . 6 VI . Record of Materials , Supplies , and Labor . . 6 b . employ convict labor for any purpose within the limits of the VII . GeneralSubletting or Assigning the Contract. . . . . . . . . 7 project unless it is labor performed by convicts who are on parole , VIII . Safety: Accident Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 supervised release , or probation. IX . False Statements Concerning Highway Projects . . . 7 X . Implementation of Clean Air Act and Federal II. NONDISCRIMINATION Water Pollution Control Act . . . 8 (Applicable to all Federal-aid construction contracts and to all XI . Certification Regarding Debarment, Suspension . . . . . . related subcontracts of $ 10,000 or more.) Ineligibility, and Voluntary Exclusion . . . . 8 XII . Certification Regarding Use of Contract Funds for. . . 1 . Equal Employment Opportunity: Equal employment opportu- Lobbying 9 nity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, execu- ATTACHMENTS tive orders , rules , regulations (28 CFR 35 , 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein , and imposed pursuant to 23 U . S .C . A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) 140 shall constitute the EEO and specific affirmative action pp standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set I. GENERAL forth under 41 CFR 60-4. 3 and the provisions of the American Disabilities Act of 1990 (42 U .S. C . 12101 et seq.) set forth under 1 . These contract provisions shall apply to all work performed on 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this the contract by the contractor's own organization and with the contract. In the execution of this contract, the contractor agrees to assistance of workers under the contractor's immediate superin- comply with the following minimum specific requirement activities tendence and to all work performed on the contract by piecework, of EEO: station work, or by subcontract. 2 . Except as otherwiseprovided for in each section , the contractor a . The contractor will work with the State highway agency (SHA) p and the Federal Government in carrying out EEO obligations and shall insert in each subcontract all of the stipulations contained in in their review of his/her activities under the contract. these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may b . The contractor will accept as his operating policy the in turn be made. The Required Contract Provisions shall not be following statement: incorporated by reference in any case . The prime contractor shall be responsible for compliance by any subcontractor or lower tier " It is the policy of this Company to assure that applicants subcontractor with these Required Contract Provisions. are employed , and that employees are treated during employment, without regard to their race, religion , sex, 3 . A breach of any of the stipulations contained in these Required color, national origin , age or disability. Such action shall Contract Provisions shall be sufficient grounds for termination of include: employment, upgrading , demotion , or transfer; the contract. recruitment or recruitment advertising ; layoff or termination; rates of pay or other forms of compensation ; 4. A breach of the following clauses of the Required Contract and selection for training , including apprenticeship, Provisions may also be grounds for debarment as provided in 29 preapprenticeship , and/or on-the-job training ." CFR 5 . 12 : 2 . EEO Officer: The contractor will designate and make known to r Section I , paragraph 2 ; the SHA 3, 4, contracting officers an EEO Officer who will have the ' Section IV, paragraphs 1 , 2 , and 7 ; responsibility for and must be capable of effectively administering Section V, paragraphs 1 and 2a through 2g . and promoting an active contractor program of EEO and who must 1 be assigned adequate authority and responsibility to do so. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required ContractI 3 . Dissemination of Policy : All members of the contractor's staff Provisions shall not be subject to the general disputes clause of shall be resolved in accordance with who are authorized to hire , supervise, promote , and discharge . this contract. Such disputes employees , or who recommend such action , or who are r the procedures of the U .S . Department of Labor (DOL) as set forth• substantially involved in such action , will be made fully cognizant in 29 CFR 5 , 6 , and 7 . Disputes within the meaning of this clause of, and will implement, the contractor's EEO policy and contractual include disputes between the contractor (or any of its responsibilities to provide EEO in each grade and classification of • subcontractors) and the contracting agency, the DOL, or the employment. To ensure that the above agreement will be met, the contractor's employees or their representatives . following actions will be taken as a minimum: a . Periodic meetings of supervisory and personnel office L . . employees will be conducted before the start of work and then not I . less often than once every six months , at which time the contract- plaints , and will take appropriate corrective action within a reason- or's EEO policy and its implementation will be reviewed and able time. If the investigation indicates that the discrimination may explained . The meetings will be conducted by the EEO Officer. affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each b . All new supervisory or personnel office employees will be investigation, the contractor will inform every complainant of all of given a thorough indoctrination by the EEO Officer, covering all his avenues of appeal . major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. 6 . Training and Promotion : c. All personnel who are engaged in direct recruitment for the a . The contractor will assist in locating , qualifying , and project will be instructed by the EEO Officer in the contractor's increasing the skills of minority group and women employees, and procedures for locating and hiring minority group employees . applicants for employment. d . Notices and posters setting forth the contractor's EEO policy b. Consistent with the contractor's work force requirements and will be placed in areas readily accessible to employees , applicants as permissible under Federal and State regulations , the contractor for employment and potential employees . shall make full use of training programs , i .e . , apprenticeship , and on-the-job training programs for the geographical area of contract e . The contractor's EEO policy and the procedures to implement performance . Where feasible, 25 percent of apprentices or such policy will be brought to the attention of employees by means trainees in each occupation shall be in their first year of appren- of meetings , employee handbooks , or other appropriate means . ticeship or training . In the event a special provision for training is provided under this contract, this subparagraph will be superseded 4 . Recruitment: When advertising for employees, the contractor as indicated in the special provision . will include in all advertisements for employees the notation : "An Equal Opportunity Employer." All such advertisements will be c. The contractor will advise employees and applicants for placed in publications having a large circulation among minority employment of available training programs and entrance require- groups in the area from which the project work force would ments for each . normally be derived . d . The contractor will periodically review the training and a . The contractor will , unless precluded by a valid bargaining promotion potential of minority group and women employees and agreement, conduct systematic and direct recruitment through will encourage eligible employees to apply for such training and P public and private employee referral sources likely to yield qualified promotion. minority group applicants . To meet this requirement, the contractor will identify sources of potential minority group employees, and 7 . Unions: If the contractor relies in whole or in part upon unions Ill establish with such identified sources procedures whereby minority as a source of employees , the contractor will use his/her best group applicants may be referred to the contractor for employment efforts to obtain the cooperation of such unions to increase consideration . opportunities for minority groups and women within the unions , and a to effect referrals by such unions of minority and female b . In the event the contractor has a valid bargaining agreement employees . Actions by the contractor either directly or through a providing for exclusive hiring hall referrals , he is expected to contractor's association acting as agent will include the procedures observe the provisions of that agreement to the extent that the set forth below: system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such a . The contractor will use best efforts to develop, in cooperation agreements have the effect of discriminating against minorities or with the unions, joint training programs aimed toward qualifying women, or obligates the contractor to do the same, such imple- more minority group members and women for membership in the mentation violates Executive Order 11246, as amended .) unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and b. The contractor will use best efforts to incorporate an EEO procedures with regard to referring minority group applicants will clause into each union agreement to the end that such union will be discussed with employees . be contractually bound to refer applicants without regard to their race , color, religion , sex, national origin, age or disability. 5 . Personnel Actions: Wages , working conditions , and employ- ee benefits shall be established and administered , and personnel c. The contractor is to obtain information as to the referral actions of every type, including hiring , upgrading , promotion , practices and policies of the labor union except that to the extent transfer, demotion, layoff, and termination , shall be taken without such information is within the exclusive possession of the labor regard to race, color, religion , sex, national origin , age or disability. union and such labor union refuses to furnish such information to The following procedures shall be followed : the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information . a . The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do d . In the event the union is unable to provide the contractor with not indicate discriminatory treatment of project site personnel . a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor b . The contractor will periodically evaluate the spread of wages will , through independent recruitment efforts , fill the employment paid within each classification to determine any evidence of vacancies without regard to race, color, religion, sex, national discriminatory wage practices . origin , age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women . (The DOL has held c. The contractor will periodically review selected personnel that it shall be no excuse that the union with which the contractor actions in depth to determine whether there is evidence of discrimi- has a collective bargaining agreement providing for exclusive nation . Where evidence is found , the contractor will promptly take referral failed to refer minority employees.) In the event the union corrective action . If the review indicates that the discrimination referral practice prevents the contractor from meeting the may extend beyond the actions reviewed , such corrective action obligations pursuant to Executive Order 11246 , as amended , and shall include all affected persons. these special provisions , such contractor shall immediately notify the SHA. ' d . The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his 8 . Selection of Subcontractors, Procurement of Materials and obligations under this contract, will attempt to resolve such com- Leasing of Equipment: The contractor shall not discriminate on 'I , w the grounds of race, color, religion , sex, national origin , age or directive, or are , in fact, segregated on the basis of race , color, disability in the selection and retention of subcontractors , including religion , national origin , age or disability, because of habit, local procurement of materials and leases of equipment. custom, or otherwise . The only exception will be for the disabled when the demands for accessibility override (e .g . disabled a . The contractor shall notify all potential subcontractors and parking) . suppliers of his/her EEO obligations under this contract. c. The contractor agrees that it has obtained or will obtain identical b . Disadvantaged business enterprises (DBE) , as defined in 49 certification from proposed subcontractors or material suppliers CFR 23 , shall have equal opportunity to compete for and perform prior to award of subcontracts or consummation of material supply subcontracts which the contractor enters into pursuant to this agreements of $ 10, 000 or more and that it will retain such contract. The contractor will use his best efforts to solicit bids from certifications in its files . and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their IV. PAYMENT OF PREDETERMINED MINIMUM WAGE employees. Contractors shall obtain lists of DBE construction firms from SHA personnel . (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts , except for projects located c. The contractor will use his best efforts to ensure subcon- on roadways classified as local roads or rural minor collectors, tractor compliance with their EEO obligations. which are exempt.) 9. Records and Reports: The contractor shall keep such records 1 . General : as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following a . All mechanics and laborers employed or working upon the completion of the contract work and shall be available at reason- site of the work will be paid unconditionally and not less often than able times and places for inspection by authorized representatives once a week and without subsequent deduction or rebate on any of the SHA and the FHWA. account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the a . The records kept by the contractor shall document the Copeland Act (40 U .S. C . 276c)] the full amounts of wages and following : bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not ( 1 ) The number of minority and non-minority group less than those contained in the wage determination of the members and women employed in each work classification on the Secretary of Labor (hereinafter "the wage determination") which is project; attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the (2) The progress and efforts being made in cooperation with contractor or its subcontractors and such laborers and mechanics. unions, when applicable , to increase employment opportunities for The wage determination (including any additional classifications minorities and women ; and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH- 1321 ) or Form FHWA-1495) shall be (3) The progress and efforts being made in locating , hiring , posted at all times by the contractor and its subcontractors at the training , qualifying , and upgrading minority and female employees; site of the work in a prominent and accessible place where it can and be easily seen by the workers . For the purpose of this Section , contributions made or costs reasonably anticipated for bona fide (4) The progress and efforts being made in securing the fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act (40 services of DBE subcontractors or subcontractors with meaningful U .S.C . 276a) on behalf of laborers or mechanics are considered minority and female representation among their employees . wages paid to such laborers or mechanics , subject to the provi- sions of Section IV, paragraph 3b, hereof. Also , for the purpose of b . The contractors will submit an annual report to the SHA each this Section, regular contributions made or costs incurred for more July for the duration of the project, indicating the number of than a weekly period (but not less often than quarterly) under minority, women , and non-minority group employees currently plans, funds , or programs, which cover the particular weekly engaged in each work classification required by the contract work. period , are deemed to be constructively made or incurred during This information is to be reported on Form FHWA-1391 . If on-the - such weekly period . Such laborers and mechanics shall be paid job training is being required by special provision , the contractor the appropriate wage rate and fringe benefits on the wage will be required to collect and report training data . determination for the classification of work actually performed , without regard to skill , except as provided in paragraphs 4 and 5 of III. NONSEGREGATED FACILITIES this Section IV. (Applicable to all Federal-aid construction contracts and to all related subcontracts of $ 10,000 or more.) b . Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each a . By submission of this bid , the execution of this contract or classification for the time actually worked therein , provided , that the subcontract, or the consummation of this material supply agree- employer's payroll records accurately set forth the time spent in i ment or purchase order, as appropriate, the bidder, Federal-aid each classification in which work is performed . construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide c. All rulings and interpretations of the Davis-Bacon Act and for its employees any segregated facilities at any of its establish- related acts contained in 29 CFR 1 , 3, and 5 are herein incorpo- ments , and that the firm does not permit its employees to perform rated by reference in this contract. vi at any location , under its control , where segregated their services - facilities are maintained . The firm agrees that a breach of this 2 . Classification : • certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to a . The SHA contracting officer shall require that any class of adequate facilities on the basis of sex or disability. laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance b . As used in this certification , the term "segregated facilities" with the wage determination. means any waiting rooms , work areas , restrooms and washrooms , restaurants and other eating areas , timeclocks , locker rooms , and b . The contracting officer shall approve an additional other storage or dressing areas , parking lots , drinking fountains , classification , wage rate and fringe benefits only when the following recreation or entertainment areas , transportation, and housing criteria have been met: facilities provided for employees which are segregated by explicit ( 1 ) the work to be performed by the additional classification Training Administration, Bureau of Apprenticeship and Training , or requested is not performed by a classification in the wage with a State apprenticeship agency recognized by the Bureau , or if determination ; a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program , (2) the additional classification is utilized in the area by the who is not individually registered in the program , but who has been construction industry; certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for (3) the proposed wage rate , including any bona fide fringe probationary employment as an apprentice. benefits , bears a reasonable relationship to the wage rates contained in the wage determination ; and (2) The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be (4) with respect to helpers , when such a classification greater than the ratio permitted to the contractor as to the entire prevails in the area in which the work is performed . work force under the registered program . Any employee listed on a payroll at an apprentice wage rate, who is not registered or c. If the contractor or subcontractors , as appropriate, the otherwise employed as stated above , shall be paid not less than laborers and mechanics (if known) to be employed in the additional the applicable wage rate listed in the wage determination for the classification or their representatives , and the contracting officer classification of work actually performed . In addition , any appren- agree on the classification and wage rate (including the amount tice performing work on the job site in excess of the ratio permitted designated for fringe benefits where appropriate) , a report of the under the registered program shall be paid not less than the action taken shall be sent by the contracting officer to the DOL, applicable wage rate on the wage determination for the work Administrator of the Wage and Hour Division , Employment Stan- actually performed . Where a contractor or subcontractor is dards Administration , Washington, D .C . 20210. The Wage and performing construction on a project in a locality other than that in Hour Administrator, or an authorized representative , will approve , which its program is registered , the ratios and wage rates (ex- modify, or disapprove every additional classification action within pressed in percentages of the journeyman-level hourly rate) 30 days of receipt and so advise the contracting officer or will notify specified in the contractor's or subcontractor's registered program the contracting officer within the 30-day period that additional time shall be observed . is necessary. (3) Every apprentice must be paid at not less than the rate d . In the event the contractor or subcontractors , as appropriate, specified in the registered program for the apprentice's level of the laborers or mechanics to be employed in the additional progress, expressed as a percentage of the journeyman-level classification or their representatives, and the contracting officer do hourly rate specified in the applicable wage determination . not agree on the proposed classification and wage rate (including Apprentices shall be paid fringe benefits in accordance with the the amount designated for fringe benefits , where appropriate) , the provisions of the apprenticeship program. If the apprenticeship contracting officer shall refer the questions , including the views of program does not specify fringe benefits , apprentices must be paid all interested parties and the recommendation of the contracting the full amount of fringe benefits listed on the wage determination officer, to the Wage and Hour Administrator for determination . for the applicable classification . If the Administrator for the Wage Said Administrator, or an authorized representative, will issue a and Hour Division determines that a different practice prevails for determination within 30 days of receipt and so advise the the applicable apprentice classification , fringes shall be paid in contracting officer or will notify the contracting officer within the 30- accordance with that determination . day period that additional time is necessary (4) In the event the Bureau of Apprenticeship and Training , e . The wage rate (including fringe benefits where appropriate) or a State apprenticeship agency recognized by the Bureau, determined pursuant to paragraph 2c or 2d of this Section IV shall withdraws approval of an apprenticeship program , the contractor or be paid to all workers performing work in the additional subcontractor will no longer be permitted to utilize apprentices at classification from the first day on which work is performed in the less than the applicable predetermined rate for the comparable ii classification . work performed by regular employees until an acceptable program is approved . 3. Payment of Fringe Benefits: b . Trainees: a . Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which (1 ) Except as provided in 29 CFR 5. 16, trainees will not be is not expressed as an hourly rate , the contractor or permitted to work at less than the predetermined rate for the work subcontractors, as appropriate, shall either pay the benefit as performed unless they are employed pursuant to and individually • stated in the wage determination or shall pay another bona fide registered in a program which has received prior approval , evi- fringe benefit or an hourly case equivalent thereof. denced by formal certification by the DOL, Employment and Training Administration . b . If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person , he/she may (2) The ratio of trainees to journeyman-level employees on consider as a part of the wages of any laborer or mechanic the the job site shall not be greater than permitted under the plan amount of any costs reasonably anticipated in providing bona fide approved by the Employment and Training Administration . Any fringe benefits under a plan or program, provided , that the Secre- employee listed on the payroll at a trainee rate who is not regis- tary of Labor has found , upon the written request of the contractor, tered and participating in a training plan approved by the Employ- , that the applicable standards of the Davis-Bacon Act have been ment and Training Administration shall be paid not less than the met. The Secretary of Labor may require the contractor to set applicable wage rate on the wage determination for the classifica- aside in a separate account assets for the meeting of obligations tion of work actually performed . In addition , any trainee performing under the plan or program . work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage - 4 . Apprentices and Trainees (Programs of the U .S. DOL) and rate on the wage determination for the work actually performed . Helpers: • (3) Every trainee must be paid at not less than the rate a . Apprentices : specified in the approved program for his/her level of progress , expressed as a percentage of the journeyman-level hourly rate ( 1 ) Apprentices will be permitted to work at less than the specified in the applicable wage determination . Trainees shall be predetermined rate for the work they performed when they are paid fringe benefits in accordance with the provisions of the trainee employed pursuant to and individually registered in a bona fide program . If the trainee program does not mention fringe benefits , apprenticeship program registered with the DOL , Employment and trainees shall be paid the full amount of fringe benefits listed on the IS wage determination unless the Administrator of the Wage and Columbia or a territory, to such District or to such territory) for Hour Division determines that there is an apprenticeship program liquidated damages. Such liquidated damages shall be computed associated with the corresponding journeyman-level wage rate on with respect to each individual laborer, mechanic, watchman , or the wage determination which provides for less than full fringe guard employed in violation of the clause set forth in paragraph 7, benefits for apprentices , in which case such trainees shall receive in the sum of $ 10 for each calendar day on which such employee the same fringe benefits as apprentices . was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required (4) In the event the Employment and Training Administration by the clause set forth in paragraph 7 . withdraws approval of a training program, the contractor or 0 subcontractor will no longer be permitted to utilize trainees at less 9 . Withholding for Unpaid Wages and Liquidated Damages: happlicablepredetermined rate for the work performed until than the an acceptable program is approved . The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold , or cause to be c. Helpers : withheld , from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any Helpers will be permitted to work on a project if the helper other Federal contract with the same prime contractor, or any other ` classification is specified and defined on the applicable wage Federally-assisted contract subject to the Contract Work Hours and determination or is approved pursuant to the conformance proce- Safety Standards Act, which is held by the same prime contractor, dure set forth in Section IV.2 . Any worker listed on a payroll at a such sums as may be determined to be necessary to satisfy any 0 helper wage rate , who is not a helper under a approved definition , liabilities of such contractor or subcontractor for unpaid wages and shall be paid not less than the applicable wage rate on the wage liquidated damages as provided in the clause set forth in para- determination for the classification of work actually performed . graph 8 above. V. STATEMENTS AND PAYROLLS 5. Apprentices and Trainees (Programs of the U .S. DOT) : (Applicable to all Federal-aid construction contracts exceeding Apprentices and trainees working under apprenticeship and skill $2,000 and to all related subcontracts , except for projects located training programs which have been certified by the Secretary of on roadways classified as local roads or rural collectors , which are Transportation as promoting EEO in connection with Federal- exempt. ) aid highway construction programs are not subject to the require- ments of paragraph 4 of this Section IV. The straight time hourly 1 . Compliance with Copeland Regulations (29 CFR 3) : wage rates for apprentices and trainees under such programs will be established by the particular programs . The ratio of apprentices The contractor shall comply with the Copeland Regulations of the and trainees to journeymen shall not be greater than permitted by Secretary of Labor which are herein incorporated by reference . the terms of the particular program. 2 . Payrolls and Payroll Records : 6 . Withholding : a . Payrolls and basic records relating thereto shall be The SHA shall upon its own action or upon written request of maintained by the contractor and each subcontractor during the an authorized representative of the DOL withhold , or cause to be course of the work and preserved for a period of 3 years from the withheld , from the contractor or subcontractor under this contract date of completion of the contract for all laborers , mechanics, or any other Federal contract with the same prime contractor, or apprentices , trainees, watchmen , helpers , and guards working at any other Federally-assisted contract subject to Davis-Bacon the site of the work. prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may b. The payroll records shall contain the name, social security be considered necessary to pay laborers and mechanics, including number, and address of each such employee; his or her correct apprentices , trainees, and helpers, employed by the contractor or classification; hourly rates of wages paid (including rates of any subcontractor the full amount of wages required by the contributions or costs anticipated for bona fide fringe benefits or contract. In the event of failure to pay any laborer or mechanic, cash equivalent thereof the types described in Section 1 (b)(2) (B) of including any apprentice, trainee , or helper, employed or working the Davis Bacon Act) ; daily and weekly number of hours worked ; on the site of the work, all or part of the wages required by the deductions made; and actual wages paid . In addition , for Appala- 11 contract, the SHA contracting officer may, after written notice to the chian contracts, the payroll records shall contain a notation indicat- contractor, take such action as may be necessary to cause the ing whether the employee does , or does not, normally reside in the suspension of any further payment, advance, or guarantee of funds until such violations have ceased . 7 . Overtime Requirements : labor area as defined in Attachment A, paragraph 1 . Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b , has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the No contractor or subcontractor contracting for any part of the Davis Bacon Act, the contractor and each subcontractor shall contract work which may require or involve the employment of maintain records which show that the commitment to provide such laborers , mechanics , watchmen , or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall benefits is enforceable, that the plan or program is financially responsible , that the plan or program has been communicated in require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work writing to the laborers or mechanics affected , and show the cost anticipated or the actual cost incurred in providing benefits . in excess of 40 hours in such workweek unless such laborer, Contractors or subcontractors employing apprentices or trainees mechanic, watchman , or guard receives compensation at a rate under approved programs shall maintain written evidence of the not less than one-and-one-half times his/her basic rate of pay for registration of apprentices and trainees , and ratios and wage rates all hours worked in excess of 40 hours in such workweek. prescribed in the applicable programs . 8 . Violation : c. Each contractor and subcontractor shall furnish , each week in which any contract work is performed , to the SHA resident Liability for Unpaid Wages; Liquidated Damages : In the event engineer a payroll of wages paid each of its employees (including of any violation of the clause set forth in paragraph 7 above, the apprentices , trainees, and helpers, described in Section IV, para- contractor and any subcontractor responsible thereof shall be liable graphs 4 and 5 , and watchmen and guards engaged on work to the affected employee for his/her unpaid wages . In addition , during the preceding weekly payroll period) . The payroll submitted such contractor and subcontractor shall be liable to the United shall set out accurately and completely all of the information States (in the case of work done under contract for the District of required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired . Optional required in paragraph 1 b relative to materials and supplies , a final Form WH-347 is available for this purpose and may be purchased labor summary of all contract work indicating the total hours from the Superintendent of Documents (Federal stock number 029- worked and the total amount earned . 005-0014-1 ) , U . S. Government Printing Office , Washington , D .C . 20402 . The prime contractor is responsible for the submission of 2 . At the prime contractor's option, either a single report covering copies of payrolls by all subcontractors . all contract work or separate reports for the contractor and for each subcontract shall be submitted . d . Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the follow- VII. SUBLETTING OR ASSIGNING THE CONTRACT ing : 1 . The contractor shall perform with its own organization contract (1 ) that the payroll for the payroll period contains the work amounting to not less than 30 percent (or a greater percent- information required to be maintained under paragraph 2b of this age if specified elsewhere in the contract) of the total original Section V and that such information is correct and complete ; contract price , excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the (2) that such laborer or mechanic (including each helper, amount of any such specialty items performed may be deducted apprentice , and trainee) employed on the contract during the from the total original contract price before computing the amount payroll period has been paid the full weekly wages earned , without of work required to be performed by the contractor's own organiza- rebate, either directly or indirectly, and that no deductions have tion (23 CFR 635) . been made either directly or indirectly from the full wages earned , other than permissible deductions as set forth in the Regulations , a . "Its own organization" shall be construed to include only 29 CFR 3 ; workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without (3) that each laborer or mechanic has been paid not less that operators . Such term does not include employees or equipment of the applicable wage rate and fringe benefits or cash equivalent for a subcontractor, assignee , or agent of the prime contractor. the classification of worked performed , as specified in the applicable wage determination incorporated into the contract. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge , abilities, or equipment not e . The weekly submission of a properly executed certification ordinarily available in the type of contracting organizations qualified set forth on the reverse side of Optional Form WH-347 shall satisfy and expected to bid on the contract as a whole and in general are the requirement for submission of the "Statement of Compliance" to be limited to minor components of the overall contract. required by paragraph 2d of this Section V. 2 . The contract amount upon which the requirements set forth in f. The falsification of any of the above certifications may subject paragraph 1 of Section VII is computed includes the cost of the contractor to civil or criminal prosecution under 18 U . S.C . 1001 material and manufactured products which are to be purchased or and 31 U .S . C . 231 . produced by the contractor under the contract provisions. g . The contractor or subcontractor shall make the records 3. The contractor shall furnish (a) a competent superintendent or required under paragraph 2b of this Section V available for inspec- supervisor who is employed by the firm , has full authority to direct tion, copying , or transcription by authorized representatives of the performance of the work in accordance with the contract require- SHA, the FHWA, or the DOL, and shall permit such repre- ments, and is in charge of all construction operations (regardless of sentatives to interview employees during working hours on the job. who performs the work) and (b) such other of its own If the contractor or subcontractor fails to submit the required organizational resources (supervision , management, and engineer- records or to make them available, the SHA, the FHWA, the DOL, ing services) as the SHA contracting officer determines is neces- or all may, after written notice to the contractor, sponsor, applicant, sary to assure the performance of the contract. or owner, take such actions as may be necessary to cause the suspension of any further payment, advance , or guarantee of 4 . No portion of the contract shall be sublet, assigned or otherwise 0 funds. Furthermore, failure to submit the required records upon disposed of except with the written consent of the SHA contracting request or to make such records available may be grounds for officer, or authorized representative , and such consent when given debarment action pursuant to 29 CFR 5. 12 . shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only - VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and 1 . On all Federal-aid contracts on the National Highway System , requirements of the prime contract. except those which provide solely for the installation of protective devices at railroad grade crossings , those which are constructed VIII . SAFETY: ACCIDENT PREVENTION on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost 1 . In the performance of this contract the contractor shall comply for roadway and bridge is less than $ 1 ,000, 000 (23 CFR 635) the with all applicable Federal , State, and local laws governing safety, contractor shall : health, and sanitation (23 CFR 635) . The contractor shall provide all safeguards , safety devices and protective equipment and take a . Become familiar with the list of specific materials and any other needed actions as it determines , or as the SHA contract- supplies contained in Form FHWA-47 , "Statement of Materials and ing officer may determine, to be reasonably necessary to protect Labor Used by Contractor of Highway Construction Involving the life and health of employees on the job and the safety of the Federal Funds," prior to the commencement of work under this public and to protect property in connection with the performance contract. of the work covered by the contract. b . Maintain a record of the total cost of all materials and 2 . It is a condition of this contract, and shall be made a condition supplies purchased for and incorporated in the work, and also of of each subcontract, which the contractor enters into pursuant to the quantities of those specific materials and supplies listed on this contract, that the contractor and any subcontractor shall not Form FHWA-47, and in the units shown on Form FHWA-47 . permit any employee , in performance of the contract, to work in surroundings or under conditions which are unsanitary , hazardous c. Furnish , upon the completion of the contract, to the SHA or dangerous to his/her health or safety, as determined under resident engineer on Form FHWA-47 together with the data construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section amended (33 U . S .C . 1251 et seq. , as amended by Pub. L. 92-500) , 107 of the Contract Work Hours and Safety Standards Act Executive Order 11738, and regulations in implementation thereof (40 U . S.C . 333) . (40 CFR 15) is not listed , on the date of contract award , on the 3 . Pursuant to 29 CFR 1926 . 3 , it is a condition of this contract that U . S . Environmental Protection Agency (EPA) List of Violating the Secretary of Labor or authorized representative thereof, shall Facilities pursuant to 40 CFR 15 .20 . have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety 2 . That the firm agrees to comply and remain in compliance with and health standards and to carry out the duties of the Secretary all the requirements of Section 114 of the Clean Air Act and under Section 107 of the Contract Work Hours and Safety Section 308 of the Federal Water Pollution Control Act and all Standards Act (40 U . S.C . 333) . regulations and guidelines listed thereunder. O IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 3. That the firm shall promptly notify the SHA of the receipt of any O communication from the Director, Office of Federal Activities , EPA, In order to assure high quality and durable construction in indicating that a facility that is or will be utilized for the contract is O conformity with approved plans and specifications and a high under consideration to be listed on the EPA List of Violating degree of reliability on statements and representations made by Facilities. engineers , contractors, suppliers , and workers on Federal-aid Ihighway projects , it is essential that all persons concerned with the 4. That the firm agrees to include or cause to be included the project perform their functions as carefully, thoroughly, and requirements of paragraph 1 through 4 of this Section X in every honestly as possible. Willful falsification , distortion, or misrepre- nonexempt subcontract, and further agrees to take such action as sentation with respect to any facts related to the project is a the government may direct as a means of enforcing such require- violation of Federal law. To prevent any misunderstanding ments. regarding the seriousness of these and similar acts , the following notice shall be posted on each Federal-aid highway project (23 XI . CERTIFICATION REGARDING DEBARMENT, SUSPENSION , CFR 635) in one or more places where it is readily available to all INELIGIBILITY AND VOLUNTARY EXCLUSION persons concerned with the project: 1 . Instructions for Certification - Primary Covered Transac- NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID tions : 0 HIGHWAY PROJECTS (Applicable to all Federal-aid contracts - 49 CFR 29) 18 U . S.C . 1020 reads as follows : a . By signing and submitting this proposal , the prospective s "Whoever, being an officer, agent, or employee of the United primary participant is providing the certification set out below. States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false b . The inability of a person to provide the certification set out statement, false representation, or false report as to the character, below will not necessarily result in denial of participation in this quality, quantity, or cost of the material used or to be used, or the covered transaction . The prospective participant shall submit an quantity or quality of the work performed or to be performed, or the explanation of why it cannot provide the certification set out below. cost thereof in connection with the submission of plans, maps, The certification or explanation will be considered in connection specifications, contracts, or costs of construction on any highway with the department or agency's determination whether to enter or related project submitted for approval to the Secretary of into this transaction . However, failure of the prospective primary Transportation; or participant to furnish a certification or an explanation shall disquali- fy such a person from participation in this transaction . Whoever knowingly makes any false statement, false represen- tation, false report or false claim with respect to the character, c. The certification in this clause is a material representation of quality, quantity, or cost of any work performed or to be performed, fact upon which reliance was placed when the department or or materials furnished or to be furnished, in connection with the agency determined to enter into this transaction . If it is later construction of any highway or related project approved by the determined that the prospective primary participant knowingly Secretary of Transportation; or rendered an erroneous certification , in addition to other remedies available to the Federal Government, the department or agency Whoever knowingly makes any false statement or false repre- may terminate this transaction for cause of default. sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act d . The prospective primary participant shall provide immediate approved July 21, 1916, (39 Stat. 355), as amended and supple- written notice to the department or agency to whom this proposal is mented; submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances . Shall be fined not more that $ 10, 000 or imprisoned not more than 5• years or both. " e . The terms "covered transaction ," "debarred ," "suspended ," "ineligible ," "lower tier covered transaction," "participant," "person ," X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL "primary covered transaction," "principal ," "proposal ," and "volun- WATER POLLUTION CONTROL ACT• tarily excluded ," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing (Applicable to all Federal-aid construction contracts and to all Executive Order 12549. You may contact the department or related subcontracts of $ 100 ,000 or more .) agency to which this proposal is submitted for assistance in By submission of this bid or the execution of this contract, or obtaining a copy of those regulations . f. The prospective primary participant agrees by submitting this subcontract, as appropriate, the bidder, Federal-aid construction proposal that, should the proposed covered transaction be entered contractor, or subcontractor, as appropriate, will be deemed to into, it shall not knowingly enter into any lower tier covered have stipulated as follows : transaction with a person who is debarred , suspended , declared ineligible, or voluntarily excluded from participation in this covered 1 . That any facility that is or will be utilized in the performance of transaction , unless authorized by the department or agency entering into this transaction . this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U . S .C . 1857 et seq. , as amended by Pub . L. g . The prospective primary participant further agrees by 91 -604) , and under the Federal Water Pollution Control Act, as submitting this proposal that it will include the clause titled "Certifi- cation Regarding Debarment, Suspension , Ineligibility and Volun- tary Exclusion-Lower Tier Covered Transaction ," provided by the a . By signing and submitting this proposal , the prospective department or agency entering into this covered transaction , lower tier is providing the certification set out below. without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions . b . The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was h . A participant in a covered transaction may rely upon a entered into. If it is later determined that the prospective lower tier certification of a prospective participant in a lower tier covered participant knowingly rendered an erroneous certification, in transaction that is not debarred , suspended , ineligible, or volun- addition to other remedies available to the Federal Government, tarily excluded from the covered transaction, unless it knows that the department, or agency with which this transaction originated the certification is erroneous. A participant may decide the method may pursue available remedies, including suspension and/or and frequency by which it determines the eligibility of its principals . debarment. Each participant may, but is not required to, check the nonprocure- ment portion of the "Lists of Parties Excluded From Federal c. The prospective lower tier participant shall provide immediate Procurement or Nonprocurement Programs" (Nonprocurement written notice to the person to which this proposal is submitted if at List) which is compiled by the General Services Administration . any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances . I . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in d . The terms "covered transaction ," "debarred ," "suspended ," good faith the certification required by this clause . The knowledge "ineligible ," "primary covered transaction ," "participant," "person ," and information of participant is not required to exceed that which "principal ," "proposal , " and "voluntarily excluded , " as used in this is normally possessed by a prudent person in the ordinary course clause , have the meanings set out in the Definitions and Coverage of business dealings. sections of rules implementing Executive Order 12549. You may j . Except for transactions authorized under paragraph f of these contact the person to which this proposal is submitted for assis- instructions , if a participant in a covered transaction knowingly tance in obtaining a copy of those regulations . enters into a lower tier covered transaction with a person who is suspended , debarred , ineligible, or voluntarily excluded from e. The prospective lower tier participant agrees by submitting participation in this transaction, in addition to other remedies this proposal that, should the proposed covered transaction be available to the Federal Government, the department or agency entered into, it shall not knowingly enter into any lower tier covered may terminate this transaction for cause or default. transaction with a person who is debarred , suspended , declared ineligible, or voluntarily excluded from participation in this covered transaction , unless authorized by the department or agency with * * * * * which this transaction originated . Certification Regarding Debarment, Suspension, Ineligibility f. The prospective lower tier participant further agrees by and Voluntary Exclusion--Primary Covered Transactions submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension , Ineligibility and 1 . The prospective primary participant certifies to the best of its Voluntary Exclusion-Lower Tier Covered Transaction," without knowledge and belief, that it and its principals : modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions. a . Are not presently debarred , suspended , proposed for debarment, declared ineligible, or voluntarily excluded from g . A participant in a covered transaction may rely upon a covered transactions by any Federal department or agency; certification of a prospective participant in a lower tier covered transaction that is not debarred , suspended , ineligible, or volun- b . Have not within a 3-year period preceding this proposal been tarily excluded from the covered transaction, unless it knows that convicted of or had a civil judgement rendered against them for the certification is erroneous. A participant may decide the method commission of fraud or a criminal offense in connection with and frequency by which it determines the eligibility of its principals . obtaining , attempting to obtain, or performing a public (Federal , Each participant may, but is not required to , check the Nonprocure- State or local) transaction or contract under a public transaction ; ment List. violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of h . Nothing contained in the foregoing shall be construed to records , making false statements , or receiving stolen property; require establishment of a system of records in order to render in :• ` good faith the certification required by this clause. The knowledge c. Are not presently indicted for or otherwise criminally or civilly and information of participant is not required to exceed that which charged by a governmental entity (Federal , State or local) with is normally possessed by a prudent person in the ordinary course commission of any of the offenses enumerated in paragraph 1 b of of business dealings . this certification ; and I . Except for transactions authorized under paragraph e of these instructions , if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is d . Have not within a 3-year period preceding this applica- suspended , debarred , ineligible, or voluntarily excluded from tion/proposal had one or more public transactions (Federal , State participation in this transaction, in addition to other remedies or local) terminated for cause or default. available to the Federal Government, the department or agency with which this transaction originated may pursue available 2 . Where the prospective primary participant is unable to certify to remedies , including suspension and/or debarment. any of the statements in this certification, such prospective participant shall attach an explanation to this proposal . * * * * * Certification Regarding Debarment, Suspension, Ineligibility * * * * * and Voluntary Exclusion--Lower Tier Covered Transactions: 1 . The prospective lower tier participant certifies, by submission of 2 . Instructions for Certification - Lower Tier Covered Transac- this proposal , that neither it nor its principals is presently debarred , tions: suspended , proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any ,s. (Applicable to all subcontracts , purchase orders and other lower Federal department or agency. tier transactions of $25,000 or more - 49 CFR 29) t 2 . Where the prospective lower tier participant is unable to certify to any of the statements in this certification , such prospective participant shall attach an explanation to this proposal . XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100 ,000 - 49 CFR 20) 1 . The prospective participant certifies , by signing and submitting this bid or proposal , to the best of his or her knowledge and belief, that: a . No Federal appropriated funds have been paid or will be paid , by or on behalf of the undersigned , to any person for influenc- ing or attempting to influence an officer or employee of any Federal agency, a Member of Congress , an officer or employee of Con- gress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan , the entering into of any cooperative agreement, and the extension, continuation , renewal , amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying ," in accordance with its instructions . 2 . This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U . S .C . 1352 . Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10,000 and not more than • $ 100,000 for each such failure . 3 . The prospective participant also agrees by submitting his or her ' bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $ 100,000 and that all such recipients shall certify and disclose accordingly. Exhibit A for Proposals ' 86 ' a • Requestr TA r tts 13/4 Engineering Services for Bridge 68/59A Replacement Project g ENGINEERING SERVICES FOR BRIDGE 68 /59A REPLACEMENTIPIPINFCrs REP #B1500143 I Purpose Congratulations on being shortlisted on this Weld County Bridge 68/59A Bridge Replacement project. Weld County is requesting a proposal for the design and construction management services. tl. General Project Description Weld County has received federal funds for the replacement of Bridge 68/59A over Crow Creek. The project is located on WCR 68 approximately 1500' east of Hwy 392 . The County intends to replace the existing bridge, which was built in 1959 and is structurally deficient. The existing concrete bridge will be replaced with a new structure most likely of concrete construction . The bridge is currently "load posted" at 23 tons . A full closure of WCR 68 will most likely be allowed . The detour route will include Bridge 61 /68A (upstream of Bridge 68159A), which will be replaced by Weld County crews prior to the Bridge 68/58A construction_ The total project budget has been estimated at approximately $ 1 .5 million_ IN . Scope of Services General engineering services: The services will consist of detailed CDOT style road and bridge design generally consisting of overall P preparation,a aration, surveying, hydraulic analysis, flood plain modeling, report preparation, ROW plans, ROW acquisition , specification preparation , and construction management services including �q , P materials testing. The requested services will also include a structure selection report and a hydraulic report. Conceptual Design, Structure Selection Report, Preliminary Design (FIR) and Final Design p P' (FOR) phases are further described in the project requirements section of this RFP. A. Project Requirements DBE Goals CDOT has determined that a contract goal for UDBE participation in this Contract will be met with certified UDGE 's who have been determined to be underutilized on professional services contracts . The UDBE goal for this project has been established as follows : 5% of the overall design fee shall _be done by Professional Services Consultants and/or Sub consultants with DBE designations . General Requirements • The consultant expected provide will be to a full range of engineering services and accept project management responsibility at all levels . The services shown below are not to be g p Y considered the final scope of work . The final scope of work will be determined between the selected consultant and the County during contract negotiations . The typical Weld County design n contract includes an OPS amount: however, does not include change orders . I Conceptual Design upstream bridge 61 /68A The consultant will be required to conduct topographic surveys and perform hydraulic analysis and flood plain modeling to assist Weld County in verifying the dimensions for bridge 61 /68A replacement. The consultant will need to expand the limits of modeling required for bridge 68/59A to include bridge 61 /68A in the analysis . The Consultant is to use HEC-HMS or another method approved by Weld County , to quantify the flow rate in Crow Creek and the Regression equation shall not be used . The modeling limits will be approx. 3 , 000 LF , a copy of the file will be provided to Weld County . Conceptual Design bridge 68/59A • The consultant will be required to conduct topographic surveys and perform hydraulic analysis and flood plain modeling and determine the dimensions for the bridge . The Consultant is to use HEC-HMS or another method approved by Weld County , to quantify the flow rate in Crow Creek and the Regression equation shall not be used . • At the conceptual design level the consultant will be required to provide conceptual design alternatives for bridge concepts (as many as required , minimum of three) to be included in a structure selection report. • At the completion of the conceptual design phase the consultant shall prepare a Conceptual Design Report . This report should include conceptual drawings and design calculations , identify all land acquisition requirements and contain a conceptual Opinion of Cost to identify any possible funding shortfalls . Preliminary Design • At the preliminary design level the consultant will be required to provide detailed design plans for all components of the project. A status set of plans will be kept available to the owner for review and submittal to the appropriate agencies , utility companies , and affected property owners as needed . • The plans must locate all existing utilities and obstructions . They must be shown both horizontally and vertically and in relation to the proposed improvements . All utility conflicts must be identified and the consultant will provide coordination with appropriate utility companies and include having field meetings with each of the utility companies . The hydraulic analysis and flood plain modeling limits shall include Weld County Bridge 61 /68A (upstream of Bridge 68/59A) , as well as Bridge 68/59A. Weld County crews intend to replace Bridge 61 /68A, and will need a study/report in place as soon as possible . • The consultant will be required to coordinate the identification and acquisition of rights-of- ways and easements . The work will require the preparation of right-of-way/easement n willprovide ROW acquisition servicesper Weld County and plans . The consultant q requirements . • The consultant will be responsible for preparing documents in accordance with the Requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 ( NEPA) . For NEPA documentation the project will likely qualify as a Categorical Exclusion (Cat Ex) . The consultant will be responsible for LI ensuring the design meets floodplain regulations established under the National Flood Insurance Program of 1968 (NFIP) and 44 CFR (parts 59, 60 , 65 , and 72) . These Documents will be in CDOT's format and presented to CDOT for review and submittal to • FHWA for the following clearances as applicable : o Wetland Delineation o Preble' s Meadow Jumping Mouse o Ute Ladies'-Tresses Orchid o 404 Wetlands permit o Cultural Resources/Historic Survey o Birds of Prey Survey 2 o Coordination with CDOT Environmental Staff o Coordination with Army Core of Engineers & U . S , Wildlife Service o Right of entry for County and CDOT personnel • This project is located in a FEMA floodplain and floodway . The consultant shall determine the impacts of the bridge replacements and mitigate any adverse effects . An application for a Conditional Letter of Map Revision (CLOMR) may be required to be submitted to FEMA and approved before construction . A Letter of Map Change ( LOMR) application may be required after completion of as-constructed drawings , the area of the map revision would cover both bridges . • All geotechnical investigation services required for the design of this project will be provided by the consultant. These services will include a soils report , including sulfates , and foundation investigation report with structural support recommendations . • The consultant must provide detailed written monthly progress reports throughout the duration of the design . The progress reports will be part of the billing submitted monthly. • The consultant shall be required to provide an opinion of probable construction costs based on 40%-45% & 90%-95% complete plans . • At the completion of the Preliminary Design Phase , the consultant shall provide the County with fifteen 11 "x17" sets of review plans , five for County and ten for CDOT . The plans should be approximately 40% -45% complete . The consultant shall also be prepared to provide the County with drawings in electronic format . • The Consultant shall prepare for and conduct the FIR meeting and provide the support information for the meeting in accordance with CDOT procedures. Meeting minutes will be prepared by the Consultant for group distribution . Final Design • At the final design level the consultant will be required to provide detailed design plans for all aspects of the project. This includes roadway , bridge , final hydraulic/flood plain report, property restoration , drainage and erosion control . Half-size drawings will be required and they shall be plotted on high quality paper to ensure accuracy and scale . One set of final design drawings shall be signed and stamped by a Colorado registered professional engineer in legal size format. • The consultant will be required to prepare project special provisions and current CDOT Standard Specifications . The technical specification format shall be in the Colorado Department of Transportation (CDOT) format. Near the completion of the Final Design Phase , the consultant shall provide the County with fifteen 11 " x17" sets of review plans and the specification package , five for County and ten for CDOT . The plans should be approximately 90%-95% complete . The consultant shall be required to provide the County with drawings electronically on a CD and in PDF format . The consultant shall receive comments from the County and other affected agencies and incorporate these comments into the final set of documents . • The Consultant shall prepare for and conduct the FOR meeting and provide the support information for the meeting in accordance with CDOT procedures . Meeting minutes will be prepared by the Consultant for group distribution . • The consultant will review all shop drawings for conformance with the contract documents and compliance with the provisions of the Standard Specifications for Road and Bridge Construction . All work shall be completed using the latest AASHTO and CDOT design and construction standards or guidelines , practices , and procedures . Construction Administration (construction tasks to be listed separate from design ) 3 'I . • The consultant may be required to provide construction administration and project management including submittal review, materials testing , and continuous full time field inspection for the project per CDOT protocol . • The consultant may also be required to produce " as constructed " drawings at the completion of the project . Final drawings shall also be submitted electronically in PDF format on a CD . All material submitted at the completion of the project shall become property of Weld County . B. Project Schedule (Anticipated ) • Pre-proposal Meeting August 10, 2015 ( 10 : 00 AM ) • Proposals Due at Purchasing August 26 , 2015 ( 10 : 00 AM ) • Estimated Consultant Interviews week of September 17 , 2015 • Estimated Contract Negotiations September 24 , 2015 • Estimated Contract Award September 30 , 2015 A pre-proposal meeting will be held on August 10 , 2015 (10 : 00 AM ) at the Weld County Public Works Conference Room , located at 1111 H Street , Greeley , Colorado. The project schedule currently anticipates the following milestones : • Design complete by August 1 , 2016 • Advertisement for construction September 15 , 2016 • Bridge replacement ---- October, 2016 — May 2017 IV. Instructions to Consultants A. Submittal Requirements Qualified consultants interested in performing the work described in this request for proposals should submit the following information to the County in any order they choose . • 1 . Qualifications of your firm and staff proposed to perform the work on this project. 2 . A list of similar projects completed in the last five years . 3 . A list of critical issues that the consultant considers to be of importance for the sample site . 4 . Provide ideas or suggestions on how your firm may be able to meet the shortened design schedule . 5 . Provide a scope of work for the proposed design and management of the sample site . This effort will only be used for RFP scoring and selection . ti 6 . References from at least three other projects with similar requirements that have been completed within the past five years and that have involved the staff proposed to work on this project . As part of the reference check process , the County may choose to visit one or more of the listed projects and/or request a copy of the plans and documentation • completed . 7 . A sample plan and profile sheet(s) of a similar project should be included in each submittal . Examples should be no smaller than 11 "x17" . 1 4 8 . Consultant's willingness to enter into the Weld County Standard Contract Agreement included as part of the RFP . 9 . Limit the total length of your proposal to a maximum of 20 pages (including dividers) and (excluding covers) . The County will reject proposals received that are longer than 20 pages in length . 10 . Submit a total of five copies of your proposal . Proposals must be delivered to the Weld County Purchasing Department, P.O. Box 758, 1150 "O" St. , Greeley, CO 80632. Weld County reserves the right to reject any and/or all proposals , to further negotiate with the successful consultant and to waive informalities and minor irregularities in proposals received , and to accept any portion of the proposal if deemed to be in the best interest of Weld County to do so . The total cost of preparation and submission shall be borne by the consultant. All information submitted in response to this request for proposal is public after the Notice of Award has been issued . The consultant should not include as part of the proposal any information which they believe to be a trade secret or other privileged or confidential data . If the consultant wishes to include such material , then the material should be supplied under separate cover and identified as confidential . Entire proposals marked confidential will not be honored . Weld County will endeavor to keep that information confidential , separate and apart from the proposal subject to the provisions of the Colorado Open Records Act or order of court. B. Contacts Questions related to the submittal requirements and procedures should be directed to: Richard White , P. E . — Project Manager Weld County Public Works 970-356-4000, ext. 3742 , rdwhitecco.weld.co. us • PART 2 -- SELECTION PROCESS V. Selection Criteria and Method The Weld County Purchasing Professional Services Selection process describes the consultant selection criteria and method . This document is available for review in the Weld County Code , Revenue and Finance, Chapter 5, online at www. co.weld .co. us. A selection committee shall include Weld County Public Works representatives . 4 ;. Selection Criteria Review and Assessment Professional firms will be evaluated on the following criteria . These criteria will be the basis for review of the written proposals and interview session . The rating scale shall be from 1 to 5 , with 1 being a poor rating, 3 being an average rating , and 5 being an outstanding rating . WEIGHTING QUALIFICATION STANDARD FACTOR 5 The proposal clearly shows an understanding of the project 5 . 0 Scope of Proposal objectives, methodology to be used , and final results that are desired by the Department. The proposal demonstrates the firm clearly understands the 5 . 0 Critical Issues major issues associated with the project, and offers realistic solutions to those issues . The firm has described their methods of controlling their design and construction cost. The firm has demonstrated an 4. 0 Project Control ability to insure State or Federal procedures are used where appropriate. Does the firm have a Quality Control process in- . place to manaje the quality of their product. Project team's work location relative to the project site location . 4 0 Work Key team members familiarity with Weld County and the goals Location/Familiarity of the Department. The firm has provided documentation which supports their ability to meet a UDBE goal , estimated to be approximately 2 . 0 UDBE Goal 10% , for this project. The designated UDBE subconsultant(s) have proven abilities. Final selection will also consider verification of references. Final DBE's goals are going to be established by CDOT. PART 3 PROFESSIONAL SERVICES AGREEMENT AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & ENGINEERING DESIGN SERVICES FOR THIS AGREEMENT is made and entered into this day of , 2015 , by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 • "County," 710 11th Avenue, Suite 105 , hereinafter referred to as and , a corporation, whose address is Greeley Colorado, 80631 , hereinafter referred to as "Contract Professional" . WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows : 1 . Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits ��, _ - " -==_ - - ? = Q - --= - _ =_ -- . _ -- - -- �.w�■r--sue=_ A and a d B , each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that Agreement, including specifically Exhibits A and B, define the performance obligations of this p Y Contract Professional and Contract Professional ' s willingness and ability to meet those requirements. Exhibit A consists of County' s Request for Proposal (RFP) as set forth in "Proposal Package Y No. "B 1500143 ". The RFP contains all of the specific requirements of County. Exhibit B consists of Contract Professional' s Response to County' s Request for Proposal. The Response confirms Contract Professional' s obligations under this Agreement. 2. Ser vice or Work. Contract Professional agrees to procure the materials, equipment and/or products project necessaryg •ro the for ect and agrees to diligently provide all services, labor, personnel and materials toperform and complete the project described in Exhibit A which is attached hereto and necessary p p incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the service s s described on attached Exhibits A and B . Contract Professional shall faithfully perform the wor k in accordance with the standards of professional care, skill , training, diligence and judgment vided b highly competent Contract Professionals performing services of a similar nature to those pro y g Y es described in this Agreement. Contract Professional shall further be responsible for the timely g completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits within the time limits prescribed by County may result in County' s decision to withhold AandB payment or to terminate this Agreement. Term. The term of this Agreement begins upon the date of the execution of this Agreement by 3. g responsibilities Count and shall continue through and until Contract Professional ' s completion of the • y' Agreement understand and agree that the described in Exhibits A and B . Both of the parties to this g ofthe State of Colorado prohibit County from entering into Agreements which bind County for laws periods longer one year.ear. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 4. Tehasthe Termination. County right to terminate this Agreement, with or without cause on thirty g days written notice . Furthermore, this Agreement may be terminated at any time without notice (30) y upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract right provide Professional the to services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, ( 1 ) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the which Contract Professional provided prior to the date of the termination notice, but which services had not yet been approved for payment; and (3 ) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. County p Upon termination, shall takeossession of all materials, equipment, tools and facilities p owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract t Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed leted under this Agreement, together with all other items, materials and documents p have beenpaid for by County, and these items, materials and documents shall be the property of which a Y CountyCopies of product work incomplete at the time of termination shall be marked "DRAFT- INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act g 7 incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties . No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional ' s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement . Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6 . Compensation/Contract Amount. Upon Contract Professional ' s successful completion of the services, and County ' s acceptance of the same, County agrees to pay an amount no greater than $ _, which is the bid set forth in Exhibit B . Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code . Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B . Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional ' s risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Mileage may be reimbursed if the provisions of Exhibit A permit such payment at the rate set forth in Exhibit B . Contract Professional shall not be paid any other expenses unless set forth in this o Agreement. Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred . Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contract Professional in 8 respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25 , title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C .R. S . 29- 1 - 101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec . 20) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional ' s officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional . Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers ' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters : (a) provide and keep in force workers ' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional . Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County' s prior written consent, which may be withheld in County' s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contract Professional and Contract Professional shall cooperate in such process . The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County . In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL . " However, Contract Professional is advised that as a public 9 entity, Weld County must comply with the provisions of C . R. S . 24-72-201 , et seq. , with regard to public records, and cannot guarantee the confidentiality of all documents . Contract Professional agrees to keep confidential all of County' s confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11 . Warranty. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc. , generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in p any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and g County' s action or inaction when any such breach or default shall exist shall not impair or prejudice � any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, tobreach of any one or more covenants, provisions or conditions of the Agreement shall p any 4 be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County' s rights under this Agreement or under the law generally. 41 13. Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all p o erations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policyshall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing 4 Y com an shall send written notice to the Weld County Director of General Services by certified mail, company return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten ( 10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contract Professional . Contract Professional shall be responsible for the payment of any deductible or self- insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims . The insurance coverage' s specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional . The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors . The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages . The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by 10 reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker' s Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County' s right to immediately terminate this Agreement. Types of Insurance : The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts : Workers ' Compensation Insurance as required by state statute, and Employer' s Liability Insurance covering all of the Contract Professional ' s employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County . This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act. , AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. 4 Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $ 1 ,000,000 each occurrence; $ 1 ,000,000 general aggregate ; $ 1 ,000,000 Personal Advertising injury all Automobile Liability: Cont ract' i Professional shall maintain limits of $ 1 ,000,000 combined ell single limit for bodily injury and property damage applicable to all vehicles operating both on 11 County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this pp Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits : Per Loss $ 1 ,000,000 Aggregate $ 2 ,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal . Proof of Insurance : County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County' s Risk Administrator in his sole discretion. Additional Insureds : For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional ' s insurer shall name County as an additional insured. Waiver of Subrogation : For all coverages, Contract Professional ' s insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub-vendors, suppliers or other g rov es entitiidin goods or services required by this Agreement shall be subject to all . p of the requirements herein and shall procure and maintain the same coverage ' s required of Contract Professional . Contract Professional shall include all such subcontractors, p inde endent Contract Professionals, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities upon request by the County. -40 14. Non-Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall , at 12 •- - - _. - _ -._._ --_ - - - - - - __ _ tc'F' *._w.s _ — �I-• 0"wN -ate.ri se_-__ - __ _ _ _ i!�1__. _ IFO ____- - the option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Compliance with Law. Contract Professional shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21 . Employee Financial Interest/Conflict of Interest — C.R. S. §§24- 18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional ' s services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict =,4 with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County' s sole discretion, in immediate • termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional ' s family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional ' s operations, or authorizes funding to Contract Professional . 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 13 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act § 24- lO- 1O1 et seq. , as applicable now or hereafter amended. 24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void . In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 27. Public Contracts for Services C.R.S. §8- 17. 5- 101 . Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C. R. S . § 8- 17 . 5 - 102(5 )(c) . Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3 ) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3 ) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien . Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C . R. S . § 8- 17 . 5- 102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall , within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee , retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this 14 provision or of C .R. S . § 8- 17 . 5 - 101 et seq. , County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages . Except where exempted by federal law and except as provided in C . R. S . § 24-76 . 5 - 103 (3 ), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen ( 18 ) years of age or older is lawfully present in the United States pursuant to C.R. S . § 24-76.5 - 103 (4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C . R. S . § 24-76 . 5- 101 , et seq. , and (c) shall produce one of the forms of identification required by C .R. S . § 24-76. 5 - 103 prior to the effective date of the contract. 28. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 29. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 30. Official Engineering Publications : Contract Professional acknowledges and agrees that the Colorado Department of Transportation " Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contract Professional under this Agreement, and that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Compensation. 15 Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B , is the complete and exclusive statement of agreement between the supersedes parties and all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2015 . CONTRACT PROFESSIONAL : Baseline Corporation By: Date Name : Title : WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY : Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO FUNDING: APPROVED AS TO NCE: Controller Elected Official or Department Head APPROVED AS TO FORM : Director of General Services County Attorney 16 Exhibit B PROPOSAL FOR ENGINEERING SERVICES . • • . ...„...„.f ......3,....:,...,„./.„;.„.... w .� ..,.,.. :1,4„..to - -:. ..._.... _____, . ... ._ , , ... ... , . .0.,,...,:‘, ./41,,....,:,.. . ,..,.•,... . I I <. °` war y..4� - ii T , 44• .r... .. r .xr ` • • vn M v..."«+Y^^°�•!v . 'r.N.�.•^' :.R rF ^fir .( v �' y r r. rots- 68 i _ } .. ,.�: ro.•Y" ...`.aa. - w. ti,^W,S .,! \ y_ .., ✓M w 9�t a,. r r \ «-�� .ww '�.�.�r.r• J . - ! ... «A, xis• L. yew w L ,p ,�,�' !. 1.� 1 _ 1 .R.0. "� r.�-�.... a x � .�` ! Y.l -,• + ° * , i<4„; rIw' '• ! 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Project Bridge 68 / 59A Replacement RFP # B1500143 WELD COUNTY, COLORADO August 26 , 2015 Hal/ SEEI Building a Better World for All of Us' Engineers I Architects I Planners I Scientists S fi SEH TABLE OF CONTENTS Building a Better World for All of Us ' Letter of Interest 1 August 26, 2014 Scope of Work and Contract ManagerAgreement 2 Richard White, Project Weld County Purchasing Department Weld County Administrative Building Critical Issues/Project Goals 5 1150 0 Street , Room 107 Project Control 10 Greeley, CO 80631 Dear Mr. White: Work Location/Familiarity 11 We greatly appreciate being shortlisted on the Weld County Bridge 68/59A Replacement project. We also appreciate the opportunity to support Weld County as you take advantage of UDBE Goal 11 the opportunity to improve the safety of your infrastructure. The existing bridge, as with many constructed during this time period, is currently too narrow and lacks the structural capacity to Overall Firm Qualifications 12 handle the increased traffic of heavy farming and industrial vehicles that use the Weld County road network. While there are many bridges throughout the County and State of Colorado with Sample Plan and Profile Sheets 19 li similar shortcomings, the challenges associated with the design and construction of tf is bridge in particular are unique. IWe believe Short Elliott Hendrickson Inc. (SEH®) best understands these challenges and is perfectly positioned to deliver the Weld County Bridge 68/59A Replacement project - bringing MI experience from more than 500 successful bridge replacement projects, including a number IP of projects completed on behalf of Weld County. We have worked directly with you and County Short Elliott Hendrickson Inc. staff on the Weld County Bridge 26/25A Replacement project. As a result, the SEH team has 2000 South Colorado Boulevard , obtained a deep understanding of the County's infrastructure needs and standard procedures; specifically. p roviding safe structures that are in accordance with current standards and Suite 6000 guidelines , are cost-efficient and successfully navigate the required Colorado Department of Colorado Center Tower One Transportation (CDOT) standard procedures. Denver, CO 80222-7938 Our proposed team has considerable experience working within Weld County and as an 720 . 540 . 6800 1800.490 .4966 extension of County staff. With SEH as your partner. you can be confident knowing our highly 888 .908 . 8166 fax qualified team will strive to understand your precise goals and work tirelessly to meet them . Our experience, in - house resources and close proximity to the project site enables us to bring Weld SEH is 100% employee -owned County the very best consulting services. In particular, the SEH team provides : sehinc.com • Professionals who have worked successfully with Weld County staff and CDOT Region 4 Local Agency and Staff Bridge; we have the knowledge of CDOT's project development process and experience in coordinating projects with all overseeing agencies. • Technical and support staff capacity with the availability to proactively respond to changing project needs and meet the aggressive project schedule within project budget. • A collaborative, experienced project team that has worked together on projects similar in type and scope. and is proficient in all pertinent areas, including bridge design; roadway, traffic and drainage design ; survey and right-of-way services; hydrologic and hydraulic analyses; geotechnical services; environmental resource assessment; and construction inspection and ©2015 Short Elliott Hendrickson Inc. administration . The information contained in this Proposal was prepared • Subcontractors, Pinyon Environmental , Inc. (biological , cultural and historic resource specifically for you and contains proprietary information. assessment) and Geocal Inc. (geotechnical) , to meet CDOT's Disadvantaged Business We would appreciate your discretion in its reproduction I and distribution. This information has been tailored Enterprise (DBE) goal of 5% of the overall design fee for the project. to your specific project based on our understanding We invite you to further explore our project scope, critical issues, project controls, SEH 's location of your needs. Its aim is to demonstrate our ideas and and familiarity with County procedures, as well as our DBE goals — all of which can be found approach to your project compared with our competition. We respectfully request that distribution be limited to within our submittal . We are excited at the prospect of once again partnering with Weld County individuals involved in your selection process. and putting our resources to work on your behalf. Should you have any questions or requests for additional information , please don't hesitate to contact me at 720.540.6847 or skaye@sehinc.com . SEH is a registered trademark of Short Elliott Hendrickson Inc. Res ectfully submi-ted , Ar / , SEH may use one or more of its subsidiaries to provide the services: Stephen Kaye, PE, LEED AP John W. Simmer SEH DesignlBuild, Inc. SEH of Indiana, LLC Project Manager Principal in Charge SHORT ELLIOTT HENDRICKSON INC . 1 • scope of vliork and contract Agreement Based on our experience with previous federally funded Weld County bridge replacement projects, we propose the following scope of work for the Weld County Road 68/59A Bridge Replacement project. SCOPE OF WORK 3. HYDRAULIC EVALUATION OF 61/68A CROSSING (0%-30%) (1 MONTH ) 1. PROJECT MANAGEMENT AND QUALITY ASSURANCE/QUALITY A . Hydrologic analysis: CONTROL (PROJECT DURATION ) i . Hydrologic Research including: rainfall frequency, soil types, A. General project tasks — attend and take minutes for project kick land use, basin imperviousness, previous studies, existing off meeting. provide monthly project progress reports for County bridge plans and Federal Emergency Management Agency project manager, general project correspondence with County and (FEMA) data . stakeholders, and attend progress meetings. ii. Basin delineation to determine drainage area . B. Prepare Project Management plan (PMP) . iii . Determine peak discharges and create model with HEC - HMS . C. Coordinate and monitor subconsultants - prepare subcontracts, B. Hydraulic analysis and flood plain modeling: review scopes and budgets, review submittals, and general i . Develop HEC- RAS hydraulic model from survey data of the correspondence to facilitate work. existing Crow Creek channel , overbanks, structure 61/68A D. Project financial management — prepare invoices, track budget, and structure 68/59A to determine flood event water surface process subcontractor invoices, and track subcontractor budgets. elevations. S E . Perform all required Quality Assurance/Quality Control (QA/QC) per ii . Develop HEC-RAS model for replacement structures that Weld County, CDOT and internal project team standard procedures. do not raise water surface elevations and meet Weld County 2. DATA COLLECTION PHASE (2 MONTHS) requirements. NINA. Survey/Right-of-wayROW /utilit locates and potholes — the SEH C. Prepare hydraulic report for structure 61/68A with (ROW)/utility y recommendations for the required hydraulic opening for a team will perform the following survey tasks: replacement structure. i . Topographic survey of the area surrounding the current 68/59A structure to create a base map that includes contours and 4. PRELIMINARY DESIGN - SSR/FIR (0%-30%) (3 MONTHS) all significant features to aid design and be incorporated into Preliminary bridge design : project drawings. Topographic of Crow Creek from upstream of the i . Bridge alternative assessment, including span configuration , ii survey p superstructure type, substructure type, and feasibility, current 61/68A structure to downstream of the current constructabilityaod cost efficiency to determine bridge 68/59A structure, including adequate channel cross-sectional alternatives (minimum three structure options). information to perform all the required hydrologic and hydraulic analyses required to size the new 61/68A structure and design ii . Preliminary structural analysis to determine feasibility of the 68/59A structure. bridge alternatives and preliminary sizes of main substructure and superstructure elements. iii . ROW delineation , including property research to show property and ROW lines for the bridge and adjacent property in the base iii . Prepare cost estimates using calculated quantities and CDOT map. cost data for bridge alternatives that are determined feasible in the alternative assessment. • iv. Utility locates to locate all utilities in the vicinity of the bridge that may be affected by construction and include locate D. Preliminary roadway design : • information in the project base map. i . Assess the bridge alternatives and impact on the vertical and v. Utility potholes to determine the size, depth and location of the horizontal alignment of County Road 68 to check for ROW required utilities with survey of the potholes to be shown in the impacts and adjacent access road or driveway tie- ins and base map. determine preliminary wingwall lengths. ii . Create proposed vertical profile and horizontal alignment based B. Geotechnical — the team will include Geocal Inc. as a subcontractor on preferred bridge alternative. to perform geotechnical services. The services will include:• i . Subsurface exploration , including 1-3 borings located in the E . Preliminary hydraulic design : i . Assess the impact of the bridge alternatives being consider vicinity of the proposed substructure elements . p ed. ii . Preparation of a geotechnical report summarizing exploration on water surface elevations of the channel and the flood plain. p and providing structure foundation recommendations ii . Determine if design of erosion protection for bridge will be iii . Other geotechnical services such as pavement design , as required . requested by the County. F. Utility coordination : C. Environmental — the team will include Pinyon Environmental , Inc. as i . Contact utility owners and initiate project introductions. a subcontractor to perform environmental services. The services will ii . Create utility owner correspondence spreadsheet. include research and field surveys to assess the cultural, historical and biological resources that may be impacted by the project. SHORT ELLIOTT HENDRICKSON INC . 2 yr C G . Preliminary environmental design — based on bridge alternatives, ii . Calculate quantities and prepare cost estimate for all roadway correspond and coordinate the required documentation for items. resources affected by bridge construction with the required iii . Prepare final roadway drawings. agencies. iv. Confirm detour route and create traffic management plan with H . Structure Selection Report (SSR) - preparation of SSR in detour signing. accordance with CDOT standards to include description of D. FOR hydraulic design : the bridge alternatives, determination of key elements/issues associated with the bridge replacement, discussion of advantages i . Finalize hydraulic model based on final structure design . and disadvantages of alternatives, preliminary cost estimates of ii . Design erosion protection if required. alternatives, and recommendation of replacement alternative. iii . Develop Stormwater Management Plan (SWMP) for the I . Field Inspection Review (FIR) submittal — based on SSR construction of both bridges, including Best Management recommended option , create and submit FIR plans, outline Practices (BMPs) that will be utilized throughout the study specifications and estimated construction cost for project. area for erosion and sediment control before, during and after J . FIR meeting - schedule, attend and take minutes for FIR meeting construction of the new bridges, including final stabilization . with County, CDOT and other applicable stakeholders. iv. Prepare documentation for a Conditional Letter of Map Revision (CLOMR ), which appears to be required because the 5. FOR DESIGN - BRIDGE (30%-90%) (3 MONTHS) existing flood plain is designated as Zone A (Approximate) . A. Incorporate County and CDOT FIR review comments into Final v. Create final hydraulic/flood plain report. Office Review (FOR) design. E. Utility coordination , final clearances and utility plans. B. FOR structure design : F. ROW plans — prepare ROW plans in accordance with County and i . Determination of dead and live applied loads and structural CDOT standards, including obtaining title commitments, preparing analysis to determine forces on all design members. legal descriptions and final ROW plan sheets. ii . Size and including bridge design all structural elements, g g G . ROW acquisition - the team includes Western Land & States as a superstructure girders, deck, bridge abutments, piers and subcontractor to perform all ROW acquisition for the project using foundations. ROW plans and legal descriptions. iii . Prepare FOR drawings for all bridge elements showing H . Environmental final design - obtain all final environmental permits, geometry, member sizes and locations, and all details required clearance letters and documentation for project advertisement. for replacement construction . I . FOR submittal package, including plans, specifications and cost iv. Calculate quantities for all bridge elements and bridge estimate. replacement cost estimate for all bridge elements using CDOT J . FOR meeting - schedule meeting, prepare agenda and minutes cost data . with CDOT, County and stakeholders. v. Perform independent check set of design and quantity calculations as required by CDOT standard procedures. 6. FINAL BIDDING DOCUMENTS - (90% - 100%) (1 MONTH) vi. Prepare project specifications in accordance with CDOT A. Incorporate all applicable FOR design review comments from the standard specifications for all elements required for County, CDOT and other stakeholders into final documents. replacement construction . B. Submit final bidding document package, including final drawings , C. FOR roadway design : cost estimate and specifications. i . Incorporate final bridge configuration into final roadway design . C. Submit final CDOT conformance package, including geotechnical including the vertical profile, horizontal alignment , widened report, hydraulic report. field pack, bridge rating, final calculations structure and code-compliant guardrail transitions. and independent check calculations. 7. BIDDING/ADVERTISEMENT SERVICES (2 MONTHS) A. Assist County with project advertisement. B. Attend pre-bid office/site meeting. . 1 C. Respond to pre- bid contractor questions. D. Review bids and provide recommendation for qualified bidders. • 8. DESIGN SERVICES DURING CONSTRUCTION (CONSTRUCTION X f I1/4DURATION ) sr w nw Y = 'K.. . A. Attend applicable construction meetings, including pre- construction , pre-erection and pre-deck placement. '_ B. Respond to Requests for Information (RFIs) and review shop drawings. C. Perform site visits to observe milestone construction events. 3 WELD COUNTY - BRIDGE 68/59A REPLACEMENT PROJECT Based on the Request for Proposal (REP) and discussions during xiii. Assist in preparing responses to contractors' and suppliers' the pre- proposal meeting, it is unknown at this time if the design requests for information , submittals, change notices, claims, contract will include construction administration services. SEH and correspondence. has an experienced construction services team that has overseen xiv. Assist County with the preparation of the final Letter of Map construction in Weld County, for CDOT, and local agencies all over the Revision (LOMB) . State of Colorado. SEH 's integrated design and construction team can provide a seamless transition from design through construction with experience working together on several projects. 1. CONSTRUCTION PROJECT MANAGEMENT (CONSTRUCTION DURATION ) h tea. A. Project kick-off meeting with County. CDOT and SEH to coordinate - and schedule the required work prior to active construction . "MKza �,4 A`,; ,„ dv° ` B. Schedule, attend and take minutes for pre-construction meeting. , C. Prepare and submit updates on construction activities. — ___ D. Provide periodic reports and billings and monitor contractor payroll —.`�. compliance. _ _ E. Schedule, participate in and document weekly progress meetings ' yr b P i C.1 x `. '� M with contractor, subcontractors, utilities and other interested , y � a e pp \4aM � J • M parties. _ ' F. Securing p j roject documentation from the contractor. 2. CONSTRUCTION OBSERVATION All construction observation will be in accordance with the approved 3. CONSTRUCTION MATERIALS QUALITY ASSURANCE TESTING project plans and specifications. including County and CDOT All sampling, testing, observation , and documentation will be in requirements. accordance with the CDOT Construction Manual and Field Materials A. Construction observation tasks may include : Manual . CDOT Form 250 will be created for the project based on the awarded set of plans. i . Anticipating project challenges and proposing solutions to County. A. General testing work — the work associated with this testing is for Reviewing drawings and data submitted by the construction QA testing only. The Contractor shall be responsible for QC testing. ii . g contractor and suppliers for conformance with the intent of the B. Testing documentation : specifications. Inform and obtain concurrence as needed from i . Maintain daily journal for each day tests are performed. the County and/or CDOT and keep related documentation for ii . Transmit test results and sample submittals to Engineer or project records. designated alternate. iii. Maintaining accurate notes, including photographs, reflecting iii . Furnish original copies of all worksheets and test results on a actual construction details to be used in preparation of as- daily basis. Inform Engineer and County immediately of tests constructed plans. that don't meet specifications. iv. Communicating with adjacent landowners as required to C. Assurance testing and sampling — coordinate and perform resolve issues that arise due to construction . schedule of Independent Assurance Tests ( IAT) for the project with v. Monitoring compliance with County-approved Method of Engineer and CDOT Regional Materials Section in conformance Handling Traffic (MHT) . with the CDOT Staff Bridge Fabrication Inspection Manual . vi. Initial . follow-up and final observation of work in progress D. Final documentation submittal . including interim and final measurements. vii . Notifying contractors and County of non -compliance with the contract plans and specifications. CONTRACT AG R E E M E N T viii . Performance of the tests, investigations and/or monitoring required to fulfill the intent of the construction documents. Our proposal is based upon the requirements, terms, and conditions ix. Preparation of documentation for development of progress of your RFP. We understand the contractual requirements and are payments for the contractor. willing to enter into the Weld County Standard Contract Agreement, x. Aiding in the preparation of County correspondence to the as referenced in the RFP. contractor, CDOT staff and Local Agencies, among others, xi . Preparation of final "As-Constructed " plans upon project completion . xii . Assist in preparing punch lists of uncompleted work, non - conformance reports. and deficiency notices. SHORT ELLIOTT HENDRICKSON INC . 4 Critic ■ G I BRIDGE 68/59A REPLACEMENT GOALS : • Design durable, cost-effective structure in conformance with current codes Appropriately identifying the critical issues of a project and understanding ways to solve these • issues can be the difference between a successful project and an unsuccessful project. Comply with COOT oversight requirements Determining critical issues requires an understanding of the County's project goals, as well as for federally funded, Local Agency bridge a solid understanding of all the disciplines associated with a complex multi -disciplined project projects of this type. • Improve roadway width and live load capacity to current standards The SEH team has determined the following potential critical issues, as well as ideas of how the team will deal with these issues should they arise. In addition to and in conjunction with • Design bridge opening and scour the critical issues listed below, we have created Figures 1 and 2 to further communicate the protection to current hydrologic and project's critical issues. hydraulic standards • The critical issues for this project include: design schedule, bridge design and design review, Minimize temporary or permanent ROW ROW, utilities and environmental clearance/approval procedures. takings • Minimize impacts to local residents DESIGN SCH [ DU [ and bridge users through effective construction phasing As indicated in the County's RFP, maintaining the project schedule is vital . Our estimated • Obtain all required utility, ROW and project design schedule is provided below as Figure 3. The schedule is approximate based on environmental clearances for project the limited information currently known about the project. A detailed design schedule factoring advertisement all disciplines , procedures and clearances/approvals is one of the first tasks that proposed SEH Project Manager, Steve Kaye, will perform . • Anticipate and understand critical path schedule items to facilitate design Additionally, all other critical issues discussed in this section impact the project schedule; a schedule precise understanding of these issues as explained will help to achieve the County's aggressive schedule. • _ 2015 2016 - 2017 Tasks and Deliverables Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 2016 — May 2017 1. Project Management and QA/QC 2. Data Collection 3. Hydraulic Evaluation of 61/68A 4. Preliminary Design SSR/FIR 5. FOR Design 6. Final Bidding Documents 7. Bidding/Advertisement Services 8. Design Services During Construction (Duration of Construction) t it 9. Construction Administration/Material I Testing (Duration of Construction) — if required FIGURE 3 _r REVIEW BRIDGE DESIGN AND O [ SIGN 4 A successful bridge design for this project requires a clear understanding of the desired Weld County bridge criteria and dimensions, bridge and structural engineering fundamental concepts; current Weld County. CDOT and American Association of State Highway and Transportation Officials (AASHTO) design codes and standards; the location of the bridge and how it is situated within the surrounding topography; and the coordination required with all the project stakeholders. Each of these components is integral to successfully delivering the Bridge 68/59A Replacement project. 5 WELD COUNTY - BRIDGE 68/59A REPLACEMENT PROJECT BRIDGE WIDTH the total bridge length to be increased to maintain the hydraulic The current bridge section consists of a 28 ft. 1 in . roadway width and a opening, which increases superstructure costs. 31 ft. 11 in . out-to -out width . The width is in adequate for the rural local A two-span configuration requires only one pier element and a less deep bridge classification and average daily traffic (ADT) . The new structure superstructure than the single-span option . Superstructure costs are is anticipated to have a minimum roadway width of 30 ft. and a reduced from the single-span option , but substructure costs are minimum out-to-out width of 33 ft. to accommodate a CDOT standard increased because a pier is required. bridge rail . A three-span configuration that reuses the existing foundation Potential typical sections are shown in Figure 4. They consist of elements may be possible, but would require obtaining detailed prestressed precast concrete adjacent deck beams, spread and information about the existing foundation to determine structural adjacent box beams, and bulb tee beams; their applicability depends feasibility. If detailed information about the existing foundation cannot on the span length of the support beam . A steel beam option may be be obtained , reuse of the existing foundation likely will not be possible. included as an alternative in the SSR , though this is typically not as Figure 5 shows a comparison of the one-span and two-span cost-effective as concrete beam options. configuration with hydraulic opening. The bridge span configuration , waterway opening and superstructure 31'-11" OUT TO OUT DECK depth must be determined in combination with the hydraulic analysis to 1'-11" 28'-l" ROADWAY 1'-11" determine the optimal bridge configuration. 10" ASPHALT ON 71/211 CONCRETE BRIDGE DECK INTEGRAL WITH TEE BEAMS he-q. 9J._B.. 11 I rII -31-01/4"(X) II - t - - -r- 'T- - - 1 I r J 1 I ' r - r i L I I P-, I I I 1 ---1 IJ ` r . / t r - L r Lit AREA - 150 SOFT. �.' I II I 1 1 1 AREA - I42 SOFT. 4—� I I AREA - 226 SCSI. I I ) I 1 L ��`-- I I 11 �' I-I l' 1 _ i l - - - " 1 --___ 1 I y r ------- - --- is is 16" WIDE x 19" DEEP TEE STEMS ; ; PIER 2 PIER 3 ABUTMENT 1 ABUTMENT EXISTING BRIDGE TYPICAL SECTION EXISTING BRIDGE SECTION TOTAL HYDRAULIC OPENING AREA = MB SOFT. (MIN.) (VERTICAL PROFILE TO MATCH EXISTING 21-0"1 l r-- - - 1 33'-0" OUT TO OUT DECK c 11-6" 30 r' 0" ROADWAY 1 1-6" I I 1 AREA . 288 SOFT 4 -rl 4 -I' AREA - 292 SOFT I l I I I I I I I LI, _ I I 1 1 WEARING SURFACE �, -- ` I I 1 1 ~ r--_ I I I T r II CDOT TYPE 10M o z IIr EXISTING SUBSTRUCTURE TO / NEW PIER 2 ' ' RAIL (TYP.) x - -Z BRIDGE (SYMM.) a NEW BE REMOVED TO I'-& BELOW// NEW U d ABUTMENT I FINAL GRADE (TVP.) ABUTMENT 3 o PROPOSED 2-SPAN BRIDGE SECTION (SLAB GIRDER OPTION) VBRIDGE 2 2_' _ TOTAL HYDRAULIC OPENING AREA - 580 SOFT ao -2X ' 101'-0" (s) 1 i F I' 0" (MIN.) 3,-9,.(=)— (VERTICAL PROFILE TO MATCH EXISTING 1'-0" (MIN.) I L L ) L ) 1 L J \_36"x15" PRESTRESSED i- -T r 1 r 36"x18" PRESTRESSED r- _ I I CONCRETE BOX GIRDERS CONCRETE SLAB GIRDERS I I ' ' � � --- i I /PEA - 506 SOFT. I ; PROPOSED BRIDGE TYPICAL SECTION (2-SPAN OPTION) 1It1 -- ', II I I II E%(STING SUBSTRUCTURE TD M BE REMOVED TO I'-0" BELOW NEN :NT I FINAL GRADE (TYP.) ABUTMEI PROPOSED SINGLE-SPAN BRIDGE SECTION (BOX GIRDER OPTION) TOTAL HYDRAULIC OPENING AREA - 508 SOFT. 33'-0" OUT TO OUT DECK , 1'-6" 30'-0" ROADWAY 11-6" FIGURE 5 WEARING SURFACE T�-Q BRIDGE (SYMM.) CDOT TYPE 10M z I BRIDGE RAIL (TYP.) a4- BRIDGE SUBSTRUCTURE ir o w According to the most recent bridge inspection and load rating, �' I ; �-- �� Lm performed by SEH in 2014, the existing substructure consists of 10 in . Jand piers. According to the County, existing i J Iles at the abutments Y g l l pipe P 54"x36" PRESTRESSED ; r K ( bridge drawings are not available. For the proposed bridge, a deep CONCRETE BOX GIRDERS PRESTRESSED CONCRETE foundation (drilled caissons or driven piles) will likely be required to BRS PROPOSED BRIDGE TYPICAL SECTION (SINGLE-S2 PAN OPTION) support the bridge superstructure loads and provide resistance to creek scour. The deep foundation system will allow the new substructure to be - -- FIGURE 4 installed in closer proximity to the existing substructure. - ----- For all span configurations, consideration must also be given to the BRIDGE SPAN CONFIGURATION location of the existing foundation elements . Completely demolishing The current bridge has three spans for a total length of 93 ft. 8 in . (back the existing pile foundations is not desirable because of difficulty and face to back face of abutment) with two concrete abutments and two construction ; however, if new foundation elements are placed in close concrete piers. These existing spans are relatively short. Reducing the proximity to existing foundation elements, load capacity can be number of spans, and therefore substructure and foundation reduced . construction costs, should be considered. For this bridge, a single-span A geotechnical investigation will be performed to determine the and double-span configuration should be considered as design options. characteristics of the soil near the bridge, provide foundation A single-span is desirable as it minimizes foundation elements by recommendations, and considerations for the interaction between the I eliminating intermediate piers and reducing foundation costs. However, new foundation system and the existing foundations. the single span requires the deepest superstructure which may require . SHORT ELLIOTT HENDRICKSON INC . 6 1 BRIDGE DESIGN REVIEW ENVIRONMENTAL CLEARANCE/ APPROVAL For the bridge design related to this project, the SEH team 's deep PROCEDURES familiarity with both reviewing agencies - Weld County and CDOT - will greatly facilitate design reviews and minimize schedule impacts. ENVIRONMENTAL RESOURCES SEH and the design team will serve as an extension of Weld County staff Bridge 68/59A construction may impact biological , cultural and 4 in order to deliver the project as if the County had designed the bridge historical resources and require coordination with the following itself. We will work in close coordination with County Public Works staff agencies: State Historic Preservation Office (SHPO) , Office of and maintain frequent correspondence. The SEH team is highly familiar Archaeology and Historic Protection (OAHP) , U.S. Army Corps of with the Weld County Engineering and Construction criteria, as we Engineers (USACE) , U.S. Fish and Wildlife Service ( USFWS) and helped the County create them in 2012 . Colorado Department of Parks and Wildlife (CPW) . Understanding and SEH has performed many bridge replacement designs for Colorado navigating the approval processes for these agencies is critical to II Local Agencies, including Weld County, Pueblo County, Archuleta obtaining the required CDOT environmental clearances and achieving schedule. County, Boulder County and others . These projects requiredthe aggressive project schedu e adherence to CDOT standard procedures and each included some combination of the following tasks : ROW survey and/or ROW plans, HISTORICAL/CULTURAL RESOURCES ROW Plan Review meeting ( ROWPR) , geotechnical report, hydraulic The original Bridge 68/59A structure was constructed in 1959 and is report , SSR , FIR and FOR . determined not eligible for the National Register of Historic Places SEH is also currently performing CDOT Independent Structural Design (NRHP). The official determination will be confirmed by the project team. Reviews for Region 4 Local Agency projects on behalf of Staff Bridge. Properties adjacent to the bridge structure contain structures These reviews require a strong knowledge of CDOT design standards constructed more than 50 years ago and have not been surveyed in •-' and submittal requirements which can be used to streamline the compliance with the National Historic Preservation Act (NHPA). An Area of Potential Effect (APE) will be developed based on the project impact design process for this project. p p area and a cultural resource survey will be conducted , if required, RIGHT- 0 - WAY F ( ROW ) including the preparation of documentation in compliance with Office of Archeology and Historic Preservation (OAHP) standards. ROW issues can significantly impact bridge widening/replacement project schedules and budgets. ROW acquisition can be a costly, time- WETLANDS consuming process that requires CDOT clearance approval before the A wetlands delineation for Crow Creek is required to occur during the project can be advertised . vegetative growing season . Coordination with USACE will be required . It Widening the structure and approaches will push project limits closer is anticipated that impacts to wetlands would likely be covered under a to the existing Weld County ROW lines. Horizontal alignment changes USACE Section 404 Nationwide Permit (NWP) . to accommodate the widening or vertical alignment changes to accommodate Crow Creek hydraulics may also impact project limits. BIOLOGICAL RESOURCES Access road and driveway tie-ins can be affected by the project The project location contains the potential habitat for the threatened construction limits. or endangered species Ute ladies' tresses orchid (ULTO), the Colorado of ms affect the of project is a butterfly. plant (CBP) , and the Preble's Meadow Jumping Mouse PMJM . A biolo ist from the SEH ro ect team will determine if criticalUnderstanding part of providinghowall athese design itethat minimizes and/orlimits eliminatesthe { ) g p 1 ROW acquisitions. UTILITIES appropriate habitat for any of the species is present and will conduct a species-specific survey if necessary. If species are found to be present , consultation with CDOT and USFWS will be performed. If habit is not found to be present, a concurrence letter will be provided in support of Identifying, locating, potholing and surveying both underground and overhead utilities in the data collection stage of the project allows for the NWP request. Swallow nests have been observed under the existing bridge, and adequate coordination with utility owners and design efforts that compliance with the Migratory Bird Treaty Act is required. The project mitigate the impact of bridge construction on the affected utilities. team will perform a migratory bird survey within 0.5 miles of the This also leads to better project construction documents, which project area during the nesting season to confirm that migratory bird reduces the chance for surprises and delays during construction. nests are located within or near the project area . Coordination with There may be one or more underground utilities along Weld County CPW will likely be required during construction . Road 68 adjacent and to the north of the bridge that travel under Crow Crow Creek is a Senate Bill (SB) 40 jurisdictional stream . As such , a Creek. There is also overhead electric along County Road 68 adjacent wildlife certification from CPW will likely be required. to and to the south of the bridge. Because the bridge will be widened , there is a chance that one or both of these utilities may be affected. ADDITIONAL ENVIRONMENTAL CONSIDERATIONS Additionally, the bridge will most likely be supported by a deep foundation system of drilled caissons or driven piles : utility locations Areas adjacent to the project area, including the small cattle ranch at must be clearly understood so that deep foundation installation does the southwest corner of the structure and the demolished building to not damage adjacent underground utilities or impact overhead utilities. the northeast of the bridge, may contain hazardous materials. 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Our ongoing professional development includes training for project managers and general staff in areas such as budget management, plan checking and construction administration . SEH 's internal QA/QC policies, in addition to the CDOT submittal procedures - which require independent calculations to be performed on major structures - ensures a process that minimizes errors and omissions. The following sections explore and illustrate our dedicated approach to controls for the Weld County Bridge 68/59A Replacement project. ' COST CONTROL DESIGN COST CONTROL SEH is committed to completing all tasks and services within the solutions to Weld County. agreed upon project budget. SEH Regional Practice Center Leader, We understand that there is an allotted budget for the Weld County Paul Wells, instills this philosophy with all Project Managers within his Bridge 68/59A Replacement project; if at any point the construction practice and closely monitors all activities to ensure compliance. We cost estimate appears to be beyond the available budget, we will believe collaboration between Weld County and SEH , to determine a work with our project engineers and Weld County to explore a range clear and accurate scope, is integral to controlling design costs. This of solutions available to make certain we get the project back within collaboration assures all required scope elements are included while budget. -- "- superfluous scope items, which increase design costs, are not included. Additionally, SEH 's experience navigating Local Agency projects QUALITY CONTROL with federal funding and CDOT oversight - from design through construction - enables our team to understand and scope all elements SEH has a formal , organization -wide QA/QC Program incorporated that are required for the project to remain in compliance with CDOT into a set of published guidelines that are used by each project procedures. manager to develop a unique, disciplined plan for each project. The SEH Project Manager, Steve Kaye, will be the primary point of contact QA/QC Program is based on three key principles: 1) matching the olecy . County Bridge 68/59A Replacement project. Steve will owners (Weld County) needs with appropriately qualified personnel ; for the WeldCou y P 2) demanding that aproject-appropriate C Ian isdevelo developed; and budget to include all required scope elements, Q p P 3) coordinate the project g q disciplines and subcontractors, and make certain rigorously following through . The applicable elements of the QA/QC factor in all project p program are incorporated into a PMP) that is created for and tailored our proposed team meets Weld County 's precise goals. Steve will t uent, consistent basis to compare to each individual project. As Project Manager, Steve is responsible analyze pr ojec status on a fre q against work performed . In addition , monthly for creating a PMP for the Weld County Bridge 68/59A Replacement percent completeg project; the PMP includes a quality management section , specifying invoices will be accompanied by a project progress report, including how the major elements of the project will be reviewed . • tasks performed for the invoice period and upcoming tasks. previous experience working with County Project Manager, SEH 's QC methods include detail checking, over-the-shoulder Steve's p reviews, formal and informal reviews, independent technical reviews, Richard White, in areas including project scoping and budgeting, as and County approval for " OPS " (Other Professional design coordination reviews, bid-ability reviews, and constructability well as scopen g PP reviews at multiple points in the design process to ensure reports, Services) funds, will help streamline the scoping/budgeting process for project laps, specifications and cost estimates are top-quality andthe Weld County Bridge 68/59A Replacement project. p �� p in compliance with Weld County standards. The PMP dictates which CONSTRUCTION COST CONTROL methods of QC will be used on which project elements, with the goal cost estimate at each majorthat the level of review is commensurate with the importance of the As Project Manager, Steve will provide aactivity. This assures that the method of review is both appropriate and submittal milestone, and periodically upon request by Weld County. cost-effective. Construction cost estimates , specifically at the final plan stage of development, will ensure that there are no surprises. SEH is highly familiar with the Weld County Engineering and is part of standard CDOT Construction criteria, as we collaborated with the County to create The structure selection process, which the standards in 2012. This familiarity enables our team to efficiently procedures, is in essence a value engineering (VE) exercise and helps rovide high -quality deliverables in accordance with County standards. to control project construction costs. This process is performed p during the preliminary stages of the project, considers several feasible SEH is also familiar with CDOT standards, procedures and guidelines, options for bridge replacement, and includes a cost estimate of each which include quality management techniques — including an option considered . This allows for the most cost-effective. yet feasible, independent check set of calculations . This process requires a option to be selected for final design . Further, our experience with completely independent set of calculations to be performed on the the structure selection process on numerous Local Agency projects main elements of major bridge structures to make certain safe, code allows us to consider the most feasible bridge replacement options, compliant designs are produced . determine accurate cost estimates , and provide the most cost-efficient SHORT ELLIOTT HENDRICKSON INC . 10 SCHEDULE CONTROL As Project Manager, Steve will be responsible for overseeing schedule A critical component of schedule management is identifying critical control for the Weld County Bridge 68/59A Replacement project. path elements. For this project, possible critical path schedule Steve will work with County Project Manager, Richard White, to ensure elements include survey/hydraulic services required to size the 61/68A that the duration of project activities are well defined and clearly replacement structure, temporary or permanent right-of-way (ROW) understood . Upon project notice-to-proceed , and with collaboration clearances and acquisition , utility clearances, and environmental between all project disciplines, Steve will establish a detailed project survey windows and/or duration of environmental agency permit/ schedule to lay out the sequence, duration and interdependencies clearance approvals. We will closely monitor and address these of all major tasks. Steve will also work with the County to create a elements in off-line meetings to carefully identify potential delays. desirable, yet realistic, design schedule to meet the County's goals for Our proposed project team will leverage our previous experience on advertisement and construction notice-to-proceed dates. Local Agency projects with CDOT oversight to efficiently identify and Project schedule updates will be provided upon request. SEH uses accommodate the critical path schedule items, to ultimately provide a Microsoft Project scheduling software to develop, track and manage streamlined design schedule. critical project tasks. Steve will actively monitor project progress by task on a bi-monthly basis . Variances from the schedule will be flagged . and Steve will employ the necessary measures to redirect tasks back on schedule. Work location / familiarity SEH has 29 offices companywide. In our Western Region , we have offices in Denver, Lakewood and Pueblo, Colorado, along with an office in Cheyenne, Wyoming. We anticipate that the majority of the work on the Weld County Bridge 68/59A Replacement project will be Cheyenne completed from our Denver office but, if required, staff from any of our office locations are available to the County. Our Denver office is just over an hour 's drive from the project site, meaning we can respond quickly Lakewood •,Denver and efficiently to any project concerns or questions that may arise during design and/or construction . We anticipate scheduling and attending progress meetings at the County 's office. We also leverage Pueblo • technology to enhance our service to our clients, including tools such as video and telephone conferencing, GoToMeeting and FTP sites . SEH is familiar with the goals of the Weld County Public Works Department , as many of our key staff members have worked or are currently working with the County on the following projects: • WCR 26/25A Bridge Replacement WESTERN REGION OFFICES • WCR 6/25 Bridge Rehabilitation Denver, Colo. 1800.490.4966 • WCR 27/66A over Greeley Canal Bridge Lakewood , Colo. 1877.986.1444 • WCR 44/49 Intersection Improvements Pueblo, Colo. 1719.423.7400 • SH 14/WCR 33 Cheyenne, Wyo. 1307.316.1230 • SH 52/WCR 41 SEH has additional offices located in Indiana, Minnesota , • SH 392/WCR 23 Nebraska , North Dakota , South Dakota , and Wisconsin . BE Goals The SEH project team is committed to meeting the project's Disadvantaged Business Enterprise ( DBE) goal , which was set at 5% by CDOT. Our team includes Geocal Inc. for geotechnical services and Pinyon Environmental , Inc. for environmental services, both of which have DBE status for CDOT projects. SEH has worked with both of these firms on many similar projects, and typically works with these firms on projects that do not have • DBE requirements. 11 WELD COUNTY - BRIDGE 68/59A REPLACEMENT PROJECT Overall firm Qualifications , SHORT ELLIOTT HENDRICKSON INC . Short Elliott Hendrickson Inc. (SEH®) is a 100% employee-owned company providing engineering, architectural, planning and environmental services to public and private clients throughout the country. Our work — delivering valuable solutions in the Buildings, Energy, Environmental, Infrastructure, Transportation and Water markets — is focused on Building a Better World for All of Us'? fi bridges," Building a better world" embodies our commitment to improving quality of life through safer roads, bridg , parks and trails; EH 5 renewable energy and sustainable design; and cleaner air, drinking water, rivers, and lakes. " For all of us" means we design customized solutions for our clients including the residents and businesses in the communities we serve, employees in the companies we serve, and citizens of the world . Since 1927, we've helped clients overcome challenges through strategically tailored services. We understand our public clients - local governments and state, regional , and federal governmental agencies - must meet a wide array of needs with often limited resources. When working with clients in the private sector - commercial developers as well as industrial businesses: oil and gas, food and beverage, and mining - we help businesses respond to the dynamic needs of the marketplace. You ' ll find our clients spread out across the United States, with evidence of our work in 42 states. GEOCAL INC . DBE ) Geocal is a professional services engineering firm providing expertise in geotechnical engineering, construction materials testing and observation , environmental investigations and remediation oversight and laboratory analysis. ICQ;tGEoCAL, I(1C. Geosc�ences 8, Engineering ) Established in 1989, Geocal maintains a staff of engineers, environmental scientists, professional geologists, construction quality control specialists and support staff who have an uncompromising commitment and dedication to quality and service. Geocal 's geotechnical engineers are skilled , experienced and knowledgeable about the Rocky Mountain Region . They have conducted cutting edge research into sedimentary bedrock capacities for various types of loading conditions and have successfully used a variety of foundation and wall types compatible with the site conditions. PINYON ENVIRONMENTAL , INC . ( DBE) Pinyon , a woman -owned , small business has served clients throughout the United States since 1993 with integrity, on Pth ethical practices and technical excellence. Pinyon offers the resources and expertise of engineers, environmental scientists, geologists, biologists, technicians, hydrologists, industrial hygienists, as well as specialty consultants, to ijwironmental. Inc provide environmental consulting services to public and private entities that have ownership or responsibility for environmental protection of air, soil , water and ecological resources in their purview. Pinyon works in cooperation with communities, infrastructure designers and developers to keep development and construction projects in compliance with regulations. Their environmental engineers. scientists and biologists help define project objectives, provide documentation assistance. gather stakeholder input through the community involvement process, and offer alternatives and solutions to environmental issues. Pinyon offers environmental program development and implementation , environmental representation in private and public forums as well as regulatory monitoring and data management for a wide range of projects in industries such as energy, transportation , water and sanitation , mining, construction , commercial/industrial development and redevelopment. WESTERN STATES LAND SERVICES , INC . Created in 1981 and headquartered in Loveland , Colorado, Western States Land Services. Inc. offers real _I. le .- - - estate acquisition and relocation services for public entities located almost exclusively along the Colorado -- le ^'- Front Ran e. Their experience includes testimony in most Front Range County courts, including Weld County, . ;' , 411/44s -regarding good faith negotiations. Western States is a prequalified and approved real estate consultant with CDOT for both acquisition and relocation services on projects performed by local public agencies such as Weld County for federally assisted projects. Over the past 15 years, they have provided assistance to the County on various federal aid projects and have established a close working relationship with both the County and CDOT Region 4 in this regard . SHORT ELLIOTT HENDRICKSON INC . 12 STAFF QUALIFICATIONS SEH has assembled a qualified and experienced project team for the 68/59A Bridge Replacement Project. As always. the SEH team is committed to providing high-quality technical work and responsive project management services to Weld County. Our successful experience on past projects is the foundation of our ability to provide the level of expertise that this project will require. SEH is fully capable of providing all of the services required for this project in-house, except for environmental services and geotechnical engineering. For these services, the SEH team plans to team with Pinyon Environmental, Inc. for environmental and Geocal Inc. for geotechnical , which will allow the team to meet the 5% UDBE goal that CDOT has set for this project. SEH has partnered with both Pinyon and Geocal on many different types of projects for many different types of clients, including on projects that do not require any DBE participation. The following organizational chart and accompanying biographies highlight the key team members who will work with Weld County to provide the best solutions for your project. 186i _ 4i I t i s = S Weld County Project Manager 1 Richard White , u SEH QA/QC Manager SEH Project Manager Principal in Charge Paul Wells, PE Steve Kaye, PE, LEED AP John Simmer • BRIDGE ENGINEERING ROADWAY ENGINEERING HYDRAULICS ENGINEERING GEOTECHNICAL ENGINEERING SERVICES SERVICES SERVICES SERVICES Task Leader Task Leader Task Leader Task Leader Steve Kaye, PE, LEED AP Paul Wells, PE Craig Wilkening, PE, CFM Ron Vasquez, PE I Geocal * Senior Task Engineer TRAFFIC ENGINEERING ENVIRONMENTAL/HISTORIC Vince Dorzweiler, PE SERVICES SURVEY AND ROW SERVICES SERVICES a r Task Leader - Environmental Task Engineer Task Leader Task Leader Kevin Almada, El Jon Larson, PE, PTOE George Robinson, RLS Robyn Kullas I Pinyon * CADD CONSTRUCTION SERVICES ROW ACQUISITION Task Leader - Historic Dan Sundeen Jennifer Wahlers I Pinyon * Task Leader Task Leader Chuck Gustafson, PE Phil Mazur I Western States Land Services * denotes DBE subconsultant Construction Inspection Staff Mike Shrout Tom Wrona 13 WELD COUNTY - BRIDGE 68/59A REPLACEMENT PROJECT 1 1 . 4. SEH PROJECT TEAM MEMBERS Steve Kaye - Project Manager/ Bridge Dan Sundeen - CADD Design Engineer _ Dan is a CADD Technician with more than 24 years Steve is a Structural Engineer with more than 15 of experience in roadway and structural design . His years of structural design and inspection x r structural design drafting experience includes box culverts, retaining wallsandd dynamic experience in the transportation industry. His bridges , Y message signs (DMS) structures for many CDOT/ project experience includes design and inspection g g of bridges, tunnels, culverts, transportation Local Agency projects. structures, light and heavy rail infrastructure, and train platforms. Dan will provide CADD structural design support for this project. Steve will be the Project Manager and primary contact person for this project, responsible for overall project management, coordination and Craig Wilkening - Hydraulics scheduling, as well as bridge design . Craig is a Professional Engineer and Certified . -� M` Floodplain Manager with 27 years of experience in John Simmer - Principal : / water resources. including stormwater, flood control John is SEH 's Rocky Mountain Region Leader. He .; modeling and design , dam failure analysis, master has a longstanding relationship with Weld County drainage plans , flood insurance studies and _ and serves as SEH 'sClientService Manager for the A : drainage design for local , national and international ' ' County. clients. His work history includes a wide variety of project sizes from John 's role will be to ensure necessary resources single-span bridge replacements to projects involving major basin and are provided to the project team and serve as an river systems of hundreds of square miles. He has extensive hands-on independent project contact if corrective action is knowledge of industry standard software. needed . John and Steve will work closely together to help make the Craig will be responsible for analyzing existing hydrologic conditions, project a success and provide Weld County with exceptional client developing hydraulic recommendations, performing scour analysis and service. preparing the hydraulic report. Paul Wells - QA/QC, Roadway Design v „wt ;--M George Robinson - Survey/ROW Paul has more than 20 years of experience in the . •,_ .4-tie transportation industry. He is knowledgeable of the iy George manages land survey operations for SEH 's CDOT design process and has worked on multiple Western Region and is a Senior Land Surveyor. He Local Agency projects. His experience includes l has 28 years of experience in a wide range of land g Yp ry Pro;te-r transportation , road , highway, intersection and civil ,_ .t.f- i1/4 surveying situations. designs, as well as preparing plans from the George will be responsible for topographic survey of conceptual analysis/planning phase through completion of final plans, the site, ROW survey services and preparation of specifications and estimate (PS&E) packages. ROW plans if necessary. II Paul will provide roadway design assistance as required for the bridge Iand bridge approaches. He will also provide independent review and oversight of the QA/QC process. Jon Larson — Traffic Services Jon has more than 13 years of experience in a wide Vince Dorzweiler - Bridge Engineer �` a l variety of traffic engineering projects, including intersection geometry designs. traffic impact Vince is a Project Engineer with six years of r s studies , traffic operations and safety analyses, sikk , structural engineering experience. Vince provides project inspection design , field ins ection and construction signal and access management designs, work zone ` observation and administration for a variety of traffic control. detour route determination and iii hydraulic and structural projects. His signing. • responsibilities also include quantity calculations Jon will be responsible for any necessary traffic design services, and shop drawing approvals . including traffic phasing for bridge construction or detour_route Vince will provide bridge design engineering services for the project. recommendations. s Chuck Gustafson - Construction Services Kevin Almada - Bridge Engineer En Chuck has more than 28 years of experience in PIS Kevin is a Structural Engineer with three years of project management that spans construction experience. Kevin brings experience in structural t management services for highway, railroad , Kevin has also . ! transportation , drainage and stormwater „ .. , z design of steel and concrete bridges. d g worked as a construction inspector of transportation t1 , % management, water/wastewater systems, and tea`: �, j!.. .lN'..• - 4 ai,' ._ - and roadway projects and performed bridge construction management projects. inspections. Chuck will oversee any construction administration and inspection Kevin will provide bridge design engineering services for the project . services required for this project . SHORT ELLIOTT HENDRICKSON INC . 14 - L I I 1 r Robyn Kullas, Pinyon Environmental , Inc. - Ron Vasquez, Geocal Inc. - Geotechnical Environmental Specialist p Ron has more than 36 years of experience in Robyn is an Environmental Professional with nine geotechnical engineering for transportation related �" years of consulting experience, including National projects, including design and construction for deep Environmental Policy Act (NEPA) compliance and shallow foundations, pavement designs, 1 consisting of Environmental Assessments (EAs) , retaining walls of various types, ground it Environmental Impact Statements (EISs) and stabilization , geologic hazards and embankments. Categorical Exclusions (CatExs) . She has managed projects and He specializes in soil/structure interaction , stress and settlement performed compliance work for the following industries: analyses, performance criteria for pavements, buried structures, transportation , renewable energy, telecommunications, commercial, seepage and drainage. residential , light industrial , municipalities, state and federal Ron will be responsible for geotechnical site investigation, bridge organizations. She is familiar with federal , state and local foundation recommendations, geotechnical reports and pavement environmental regulations and standards related to environmental design . compliance. Robyn will be responsible for environmental and biological resource survey, permits and clearances. Jennifer Wahlers, Pinyon Environmental , Inc. Phil Mazur, Western States Land Services, Inc. - ROW ,� • - Historian Acquisition "` Jennifer has 11 years of experience in historic Phil is President and General Manager of Western States Land Services, preservation and was previously employed with Inc. , a Loveland-based firm providing real estate. ROW and relocation i '� CDOT as an Assistant Staff Historian. She was consulting services. He has more than 30 years experience providing �' responsible for completing on-site field surveys these services, as well as extensive experience working in and with { along proposed transportation construction routes Weld County and CDOT Region 4. } and identified and evaluated the significance of resources that have Phil will be responsible for any ROW acquisitions and coordination historical or architectural importance according to established criteria . required for the project . This included conducting interviews with property owners and local historians and investigation of historical documents to assess the significance of historical resources through research in libraries, county and city records and federal archives. Jennifer will be responsible for any historical survey, permits and clearances required for the bridge or adjacent properties. I y. -^am�..r�' �S�' ' r , v,' .::Sx,: raw �� y, ,� ♦ ;M y x r p •Yk i t .�:, ';"Y .' n x•5,1„ f i4a', �', , p #, ,:s;y t ' tom. '' t ry s49 w. M R y R " .�. '::' .N'i.: A : r n,A\ h, 1' �' '1 M' `N'/4 ray b.✓' � 4 A •, ). t :. I • ` �-; i • .9b awl - , .:11:„011,"4,0' a% , 14 ' . A e }. • .444 �. . M1+ '. y .fro ,� 1 "qw�,...,Y,,.y. -4,..y•Y ,e-..-"Or • 6,. . i •CFA A .. :. t r ` •,- ' Vr • • i Y JY�'�1 � r' 't ti .i Yl�J• �•y J:. ', IC �.. xron ,..� r t R1 - � ,, , t• v t d� ' .T / f p" a. yr 1 1 15 WELD COUNTY — BRIDGE 68/59A REPLACEMENT PROJECT SIMILAR PROJECTS COMPLETED IN THE LAST FIVE YEARS The projects listed below have been completed within the past five years by team members based The SEH team is highly familiar with the in SEH 's Western Region offices. These are all Local Agency projects that went through the CDOT review process. highly SEH is hi hl familiar with this process and has developed relationships with many of CDOT review process and has developed the CDOT staff who are responsible for reviewing Local Agency projects. productive relationships with the CDOT SEH fosters this relationship to facilitate the CDOT review process . If a question comes up in the staff responsible for reviewing Local design , we can correspond with CDOT staff to get a quick answer rather than waiting for an official Agency projects. review. This ensures that the FIR/FOR process runs smoothly, as we have already discussed the Al project with CDOT and they are already aware of the critical items. I Structure Structure Engineer's Feature Span Out-to- Cost Project Client Intersected Length Out Width Substructure Superstructure Estimate Reinforced Concrete Precast Prestressed CR 337A Archuleta County Rio Blanco 60 ft. 27 ft. Abutment on Spread, Voided $898,910 Caissons Concrete Box Beams Reinforced Concrete Precast Prestressed WCR 27/66A Weld County Greeley Canal #2 57.2 ft. 43 ft. Abutment on Concrete Slab Girders N/A Caissons and Concrete Deck Reinforced Concrete Precast Prestressed AR700A (West Archuleta County Stollsteimer 55 ft. 31 ft. Abutment on Concrete Slab Girders $755,460 Cat Creek Road) Creek Caissons and Concrete Deck Precast Prestressed Reinforced Concrete CR 229 (South Concrete BT54 ( Pueblo County Muddy Creek 93.5 ft. 35 ft. Abutment on $808,140 Crow Cutoff) Girders and Concrete Caissons Deck Precast Prestressed Red Creek Reinforced Concrete Pueblo County Minnequa Canal 41.5 ft. 35 ft. Abutment on H Piles Concrete Slab Girders $568,210 Springs and Concrete Deck Reinforced Concrete Precast Prestressed Harebell Drive Archuleta County San Juan River 73.75 ft. , 25 ft. Abutment on Concrete Box Girders $902 ,160 73.75 ft. Caissons and Concrete Deck Reinforced Precast Prestressed Concrete CR 19 Boulder County Boulder Creek 122 .5 ft. 37 ft. Concrete Box Girders $1,451,520 Abutment on H Piles and Concrete Deck Precast Prestressed ��" Slate Hwa � . -Fremont County Currant Creek 64.4 ft. , - 3 ft. Reinforced Concrete Concrete Box Girders N/A y 65.1 ft. Abutment on H Piles and Concrete Deck Reinforced Precast Prestressed Concrete County Road D25 Delta County Dry Creek 63.5 ft. 33 ft. Abutment on H Piles Concrete Box Girders $409, 150 and Concrete Deck SHORT ELLIOTT HENDRICKSON INC . 16 REFERENCES The following projects demonstrate our past performance and experience on projects that have similarities to the Weld County Bridge 68/59A Replacement project. Additionally, these projects involved key SEH team members proposed for the upcoming Weld County project . WCR 26/25A BRIDGE REPLACEMENT Weld County, Colo. SEH is currently providing design engineering services to Weld County for the replacement of a bridge carrying WCR County Road (WCR) 26/25A over the f Platte Valley Canal , operated by FRICO. The project will be receiving federal I 111 I • funds and will be administered by CDOT. ii f The project includes the replacement of a single-span , 37 ft. long bridge and approximately 300 ft. of approach paving. The western limits of the project are Union Pacific Railroad tracks. The bridge structure to be replaced Iis structurally deficient and shows signs of significant deterioration . The proposed replacement structure will provide increased durability .�. ' cos •.. s and reduced maintenance costs over the lifetime of the structure. The . =- Ake existing superstructure consists of steel beams with a metal deck, and . - , r .7 '� the substructure consists of metal cribbing and steel pile abutments and �¢ , •i . ti ;� wingwalls. The proposed structure will have a reinforced concrete deck, , :.: :::. :••";t;'') if �;A; : = E prestressed concrete beams and a reinforced concrete abutment with steel piles. Project Benefit: Because canal flows are possible at any time with relatively short notice. the construction method proposed by SEH will limit impacts to both the canal operation and the new abutment construction . This will reduce control of water costs and also reduce the possibility of construction delays should the channel fill during abutment construction. SEH worked with the County to provide a desirable design for both the County and the canal owner, whose approval must be gained prior to project construction . Client Reference: Project Team: Richard White, PE, Project Manager Steve Kaye, Paul Wells, John Simmer, Vince Dorzweiler, Kevin Weld County Public Works Department Almada, Dan Sundeen , Craig Wilkening, George Robinson , Jon Larson WCR 13 OVER CACHE LA POUDRE RIVER BRIDGE DECK REHABILITATION - Town of Windsor, Colo. , " SEH provided design , bidding and construction services on this 4,000 sq . .. - �, _ ,; . � . _ ft. , two-span bridge deck rehabilitation carrying WCR 13 over the Cache ►,-` _ •ir: `' --``: p y g - i. 4%.*, La Poudre River. The bridge is a 123 ft. long, prestressed concrete double gli tee superstructure that had experienced significant deterioration to the _• ..nws_. ,. 4.1, ,,,,ii . . exposed concrete topping. SEH design tasks included performing a field "" '" I! inspection to determine limits of deck deterioration ; reviewing existing , ,�� bridge plans; designing bridge deck repairs, including the use of sacrificial anodes; designing bridge joint repairs with an asphaltic plug joint system ; `r. ` ' -'� .,. rating of rehabilitated bride; and designing bridge approach improvements. ` ' N - g g y Yr ` � The SEH design uses sacrificial anodes embedded in the new deck concrete "� r g i . - x4 • II to prolong the life of the deck and prevent additional deterioration that can y • _ be caused by placing new concrete adjacent to old concrete. SEH provided bidding assistance services to the Town of Windsor, as well as construction . Ili services including review of shop drawings, response to RFIs and site visits to monitor construction . Project Benefit: This project used the relatively new technology of sacrificial anodes to protect the existing reinforcing and new concrete to prolong the life of the structure. This deferred the replacement cost of the bridge and demonstrated SEH 's ability to use innovative technology in our design . Client Reference: Project Team: Doug Roth , PE, Civil Engineer Steve Kaye, Dan Sundeen , Kevin Almada , Jon Larson , Town of Windsor Vince Dorzweiler 970.674.2435 droth@windsorgov.com 17 WELD COUNTY - BRIDGE 68/59A REPLACEMENT PROJECT WCR 6/25A BRIDGE RAIL AND PIER REHABILITATION •R9,. „ , µ! Weld County, Colo. • 4 " , . SEH provided assistance to Weld County on the structural design of the - ``` rehabilitation of the bridge carrying WCR 6 over the South Platte River. The 4,, , bridge is a 300 ft. long, six-span , precast concrete double tee structure. ` ' The rehabilitation included removal of the existing asphalt, placement of a waterproof membrane on top of the existing concrete deck, placement of new � , V. , *it Vir . ,ft asphalt, and addition of new, code-compliant bridge rail . The steel piles of the I ; l ....._ ...,..< - ; .1; .� r _ ! g!E"' lam ! �_ interior piers were encased in concrete. M Y ., — !ft ` Project Benefit: 1 This project provided deck and pier repairs, extending the life of the a _ _ structure and deferring the cost required to replace the structure. - - . �- +` Ids Y .. 0 Client Reference: Y. - Y - `- X --�-+ c--- -...»;, III Mike Bedell , PE, Senior Engineer Weld County Public Works Department Project Team: John Simmer, Dan Sundeen in I am pleased to provide this letter of recommendation to SEH for their design and construction services on the recently completed Bridge 6/25A Rehabilitation Project. SEH provided structural design services and the plan sheets associated with the structural elements of the project. During construction , they helped with shop drawings review and site inspections. The SEH bridge design group addressed every issue in a timely manner and provided plans and documents of very high quality. Structural issues involved with this project were handled and documented properly, and solutions were cost-effective. Their efforts resulted in plan sheets which were easy to follow and required very little change during construction . Weld County is thankful for the expertise provided by SEH and pleased with the outcome of this project . - Michael Bedell , PE Senior Engineer Weld County Public Works Department — - _ :I _l. SHORT ELLIOTT HENDRICKSON INC . 18 i a, 4-4 Z Z • O N t 1 CO I v I 0 I w I u I ° I I I - I I X Y U_ 000'0S+S-1dA D 0 z U r 0 W ° ♦ g a 0 '`' 4 = e 0 .� I \\, • o F- 0 0_ - ` N, o f- u7 O CO - COt0t0 u7 .�? 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A,�O4 • C �, b ,: , P n i YWA My 4 PilN 'x . r..x MJ J • yl Mr �ppN xk • 4` y A v • ilipliimisub ti J p : aIIIIIIhmimit g fig•K. W{'�T .1 .. d • a4; • A a4 ~l • N r ♦ , Li • • fi• • Aille* r f SEN 1 Building a Better World for All of Us` .l sehinc .com Exhibit Cl November 20, 2015 Mr. Richard White, Project Manager Weld County Administrative Building 1150 O . Street Greeley, CO 80631 Dear Mr. White : We are pleased to provide this letter scope and fee to provide Professional Services between Weld County, Owner, hereinafter referred to as the "County", and SEH in connection with 68/59A Bridge Replacement Project ( hereinafter called the " Project" ) . The scope provided is based on SEH's understanding of the project as outlined in the RFP document Engineering Services For Bridge 68/59A Replacement Project RFP #B1500143. The project will be federally funded and must go through the required CDOT design process . Scope : The project includes the following tasks : 1 . Project Management 2 . Survey 3 . Geotechnical ( Exhibit A) • 4. Environmental ( Exhibit B ) 5 . Hydrologic and Hydraulic Design 6. Conceptual Design — Structure Selection Report (SSR) 7 . Preliminary Design — Field Inspection Review ( FIR) 8. ROW Plans — Right-of-way Plan Review ( ROWPR) 9 . Final Design — Final Office Review ( FOR) 10 . Final Bid Documents 11 . ROW Acquisition 68/59A, If necessary ( Exhibit C) 12 . Design Services during Construction & Letter of Map Revision ( LOMR) Task Descriptions : 1 . Project Management Weld County 68/59A Bridge Replacement Proposal November 20, 2015 a . Schedule, attend and take minutes for project kick off/design scoping review ( DSR ) meeting. It is assumed that these will be combined into one meeting. b . Prepare, update, and maintain project design schedule and review with County. c . Create Design Criteria Memorandum and submit to County for approval . d . Project meetings ( assume 1, not including DSR, FIR, ROWPR, and FOR ), general correspondence with County staff. e . Coordinate and manage project disciplines and subconsultants — prepare subcontracts, review scopes and budgets, review submittals, general correspondence to facilitate work, process subcontractor invoices . f. Project Financial Management — Prepare invoices, track budget, process subcontractor ■ invoices, track subcontractor budgets 2 . Survey - Survey/ROW delineation/Utility locates and potholes - The SEH team will perform the following survey tasks : a . Obtain required Right of Entry b . Setup survey control and aerial panels c . Topographic survey of Crow Creek from approximately 1000' upstream to approximately 1000' downstream of the current 68/59A structure including adequate channel cross-sectional information to perform all the required hydrologic and hydraulic analyses required to design the 68/59A structure all utilities in the vicinity bridge that may d . Utility locates to locate be affected by of the construction and include locate information in the project base map . Utility potholes to determine the size, depth , and location of the required utilities with survey of the potholes to be shown in the base map . 3 . Geotechnical —GeoCal inc. will be used as a subcontractor to perform geotechnical services . Their scope is attached in Exhibit A 4. Environmental — Pinyon Environmental Inc. will be used a subcontractor to perform environmental services . Their scope is attached in Exhibit B . 5 . Hydrologic and Hydraulic Design a . Data Collection/hydrologic modeling i . Hydrologic Research including : rainfall frequency, soil types, land use, basin imperviousness, previous studies, existing bridge plans, FEMA data , upstream diversions, storage areas, water rights, and other flow removals ii . Site investigation b . HEC- HMS Modeling i . Basin delineation ii . Build HEC- HMS model of Crow Creek, review model results, revise model per review iii . Develop HEC- RAS model for replacement structure with the anticipation that water surface elevations will be in accordance with Weld County standards and will not be significantly raised . Page 2 Weld County 68/59A Bridge Replacement Proposal November 20, 2015 c. Existing conditions model i . Obtain and review effective conditions model from County or FEMA. ii . Build revised existing conditions HEC- RAS model from topographic data . iii . Review and revise model results, determine water surface elevations for existing structure 68/59A. d . Proposed conditions model i . Revise HEC- RAS for proposed bridge configurations for structure 68/59A. ii . Review and revise model per bridge configurations and comments . e . Hydraulic Report — Summarize hydrologic and hydraulic analyses and modeling and provide recommendations for structure 68/59A. f. QA/QC hydrologic and hydraulic elements . 6. Conceptual Design — SSR a . Bridge alternative assessment including span configuration , superstructure type, substructure type, and feasibility, constructability and cost efficiency to determine bridge alternatives ( Minimum three structure options ) . b . Preliminary structural analysis to determine preliminary member sizes of main substructure and superstructure elements . c. Prepare engineer's cost estimates using calculated quantities and CDOT cost data for bridge alternatives determined feasible in the alternative assessment. d . Prepare SSR in accordance with CDOT standards to include description of the bridge alternatives, determination of key elements/issues associated with the bridge replacement, discussion of advantages and disadvantages of alternatives, preliminary cost estimates of alternatives, and recommendation of replacement alternative . e . QA/QC SSR elements . 7 . Preliminary Design — FIR a . Preliminary bridge design i . Prepare preliminary bridge plans based on SSR-selected bridge alternative at b . Preliminary roadway design i . Assess the bridge alternatives and impact on the vertical alignment of County Road 68 to check for ROW impacts and adjacent access road or drive way tie-ins and determine preliminary wingwall lengths . ii . Create vertical and horizontal alignments based on preferred bridge proposed alternative . iii . Preliminary detour plan and route determination . c. Preliminary hydraulic design i . Assess the impact of the bridge alternatives on water surface elevations of the channel and the flood plain . ii . Determine if design of erosion protection for bridge will be required . d . Utility coordination i . Contact utility owners and initiate project introductions . Page 3 i Weld County 68/59A Bridge Replacement Proposal November 20, 2015 ii . Create utility owner correspondence spreadsheet. iii . Prepare utility plan drawings e . Preliminary environmental design — Provided in Attachment B, Pinyon scope . f. FIR submittal — Based on SSR recommended option , create and submit FIR plans, outline specifications, and estimated construction cost for project. g. FIR meeting — Schedule, attend , and take minutes for FIR meeting with County, CDOT and other applicable stakeholders . h . QA/QC FIR elements . 8 . ROW Plans ( ROWPR ) a . Create existing ROW drawings, and review FIR design for ROW impacts . b . Obtain title commitments ( if required, assume 3 titles ) c. Review title commitments and mapping ( if required ) d . Create legal descriptions for easements ( if required, assume 4 descriptions ) e . Create proposed ROW plans and easement field staking ( if required, assume 4 easements ) . Plans will conform to CDOT ROW plan requirement formats . f. Schedule, attend , and take minutes for ROWPR meeting 9 . Final Design — FOR a . Incorporate County and CDOT FIR review comments into FOR design b . FOR Structure Design i . Determination of dead and live applied loads and structural analysis to determine forces on all design members . ii . Size and design all structural elements including : bridge superstructure girders, deck, bridge abutments, piers, and foundations iii . Prepare FOR drawings for all bridge elements showing geometry, member sizes and locations, and all details required for replacement construction . Drawings will be created in accordance with CDOT standards . iv. Calculate quantities for all bridge elements and create bridge replacement cost estimate for all bridge elements using CDOT cost data . v. Perform independent check set of design and quantity calculations as required by CDOT standard procedures vi . Prepare project specifications in accordance with CDOT standard specifications for all elements required for replacement construction . c . FOR Roadway Design i . Incorporate final bridge configuration into final roadway design including the vertical and horizontal alignments, bridge approaches, and guardrail approaches/transitions . ii . Prepare detour plan iii . Calculate quantities and prepare cost estimate for all roadway items . iv. Prepare final roadway drawings v . Confirm detour route and create traffic management plan with detour signing. d . FOR Hydraulic Design Page 4 Weld County 68/59A Bridge Replacement Proposal November 20, 2015 i . Finalize hydraulic model based on final structure design ii . Design Erosion protection if required . iii . Develop Stormwater Management Plan (SWMP ) and erosion control drawings, throughout Best Management Practices ( BMPs ) that will be utilized t ghout the study area for erosion and sediment control before, during, and after construction of the new bridges, including final stabilization . iv. Prepare documentation for a Conditional Letter of Map Revision (CLOMR ), which appears to be required because the existing flood plain is designated as Zone A (Approximate ) . v. Create final hydraulic/flood plain report. e . Utility Coordination , utility owner correspondence, final clearances and utility plans . f. Environmental Final Design — Provided in Attachment B, Pinyon scope . g. FOR submittal package including plans, specifications, and estimate in accordance with CDOT standards . h . FOR meeting — Schedule meeting, prepare agenda and provide minutes for FOR meeting with County, CDOT, and stakeholders . i . QA/QC for all FOR elements . 10 . Final Bidding documents a . Incorporate all applicable FOR design review comments from the County, CDOT, and other stakeholders into final documents . b . Submit final bidding document package including : final drawings, cost estimate, specifications . c . Submit final CDOT conformance package including : geotechnical report, hydraulic report, field pack, bridge rating, final calculations, independent check calculations . d . QA/QC bid document elements . 11. ROW Acquisition ( 68/59A) - Western States Land Services, Inc . will be used as a subcontractor to perform ROW acquisition services for 68/59A. Their scope is attached in Exhibit C. 12 . Design Services During Construction a . Provide responses to Contractor bidding questions . b . Review and respond to RFIs (assume 4) . c . Review and respond to Contractor submittals (assume 10 ) . d . LOMR — Prepare documentation for the final Letter of Map Revision . i . Model as- built conditions ii . Finalize the FEMA revised floodplain mapping. Deliverables : SEH will submit to the County 1 . Agenda and meeting minutes for DSR/kickoff meeting. 2 . Geotechnical Report 3 . Structural Selection Report (SSR) Page 5 • • Weld County 68/59A Bridge Replacement Proposal November 20, 2015 4. Hydraulic Report for structure 68/59A 5 . Environmental documents and reports required to obtain permit clearances . 6 . FIR documents including plans, calculation of quantities, and engineer' s cost estimate 7 . Agenda and meeting minutes for FIR Meeting 8 . Existing ROW plans and proposed ROW plans, if required . 9 . Agenda and meeting minutes for ROWPR Meeting 10 . FOR documents including plans, specifications, calculation of quantities and engineer' s cost estimate . 11 . Agenda and meeting minutes for FOR Meeting 12 . Final plans, specifications and engineer' s cost estimate for project advertisement 13 . Final CDOT structure conformance package including : design notes, independent check design notes, geotechnical report, hydraulic report, field pack, bridge rating, responses to CDOT structural review comments, and dgn files . 14. Final Clearance letters for utilities, environmental, and ROW 15 . Responses to RFIs and submittal reviews during construction 16 . Documentation required to receive CLOMR The County will review each submittal and provide comments that will be incorporated into each subsequent submittal . SEH will prepare each submittal to be in accordance with County and CDOT standards and requirements . A potential list of final drawings may include (estimated to be 59 sheets ) : 1 . Title Sheet 2 . Standard Plans List 3 . Roadway Typical Sections 4. General Notes ( 2 sheets ) 5 . Summary of Approximate Quantities ( 2 sheets ) 6. Tabulations ( 2 sheets ) 7 . Plan and Profile Grade 8 . Utility Plan 9 . Signing and Striping Plan 10 . Detour Plan 11 . Survey Control 12 . Survey tabulation sheet 13 . Stormwater Management Plan ( 3 sheets ) 14. Erosion Control Plans 15 . Bridge - Title 16 . Bridge — General Layout 17 . Bridge — Engineering Geology 18 . Bridge — Hydraulic Information 19 . Bridge — Construction Layout 20 . Bridge — Foundation Layout 21 . Bridge — Abutment 1 Plan and Elevation Page 6 Weld County 68/59A Bridge Replacement Proposal November 20, 2015 22 . Bridge — Abutment 3 Plan and Elevation 23 . Bridge — Abutment Details 24. Bridge — Pier 2 Plan and Elevation 25 . Bridge — Pier Details 26 . Bridge — Wingwall 1 Details 27 . Bridge — Wingwall 2 Details 28 . Bridge — Wingwall 3 Details 29 . Bridge — Wingwall 4 Details 30 . Bridge — Girder Details 31 . Bridge — Framing Plan 32 . Bridge — Deck Reinforcing Plan 33 . Bridge — Deck Reinforcing Section 34. Bridge — Precast Panel Details 35 . Bridge — Typical Section 36 . Bridge — Approach Slab Details ( 2 sheets ) 37 . Bridge — Expansion Joint Details ( 2 sheets ) • 38 . Bridge — Bridge Rail Details ( 2 sheets ) 39 . Bridge — Excavation/Backfill ( 2 sheets ) 40 . Bridge — Bridge Deck Elevations ( 2 sheets ) 41 . Roadway Cross Sections ( 5 sheets ) 42 . ROW — Existing ROW ( 2 sheets ) 43 . ROW — Proposed ROW ( 2 sheets ) ( if necessary) Engineering Services Fee : You will pay SEH a fee of $ 268,632 for our services related to the Project, including labor and other direct costs . A breakdown of this fee is provided in Exhibit D . This includes $ 18,742 for Other Professional Services (OPS ) . Additional Services : We will furnish such Additional Services as you may request . Payment for additional services shall be based on the time required to perform the services and the billable rates for the principals and employees engaged directly on the project, plus charges for expenses and equipment. SEH would be happy to provide additional services once authorized by the County. If an item is not specifically included in this scope, it is specifically excluded . Services specifically not included in this scope are included but not limited to : 1 . Additional meetings, beyond the six meetings mentioned above ( DSR/kickoff, FIR, ROWPR, FOR, and 1 miscellaneous ) . 2 . Bidding and advertisement services including non -technical specifications, excluding items in item 12a . above . Page 7 Weld County 68/59A Bridge Replacement Proposal November 20, 2015 3 . Construction inspection and administration services in accordance with CDOT construction requirements . Schedule : We will start our services promptly after receipt of your authorization and will create a project schedule as one of the first tasks of the project. The schedule will endeavor to identify all the critical elements of the project to get to advertisement and will be submitted to the County for review . This project schedule is subject to all other stakeholders meeting their respective deadlines . If there are delays in the Project that are beyond our control, you agree to grant additional time to complete the services . Sincerely, SHORT ELLIOTT HENDRICKSON INC. Paul Wells, PE Steve Kaye, PE Principal Project Manager t:\dscc\communications\structural\I -submittals\2014\weld county 26_25a bridge replacement\scope and fee\scope and fee Ietter.docx Page 8 w Exhibit A GCOCAL GEOSCIENCES Fa ENGINEERING October 5 , 2015 Mr. Steve Kaye , PE S E H , Inc . 2000 S . Colorado Blvd . , Suite 6000 Denver, CO 80222-7938 RE : Proposal for Geotechnical Engineering Services Weld County 68/59A Bridge Replacement Weld County, Colorado Dear Steve : This letter contains our proposed scope of work and costs to conduct a geotechnical investigation for Weld County Bridge 68/59A over Crow Creek, northeast of Greeley, in Weld County, Colorado. We understand that the major components of the repair work will include reconstruction of the bridge and approach pavements. Raising of the existing profile is also being considered . The geotechnical scope of work will be to provide foundation recommendations for the new structure and pavement sections for the new approaches . Proposed Scope of Work Our proposed scope of work includes drilling exploratory borings, conducting laboratory testing , and providing a report with geotechnical recommendations for design and construction of the new structure . Three foundation exploratory borings are proposed , one at each abutment, and one at the proposed pier, and two shallow pavement borings will be drilled 300 to 500 feet from the abutments. The borings will provide information on the subsurface profile including soil type, depth to bedrock and depth to groundwater. The actual depths drilled may be adjusted slightly depending upon the subsurface conditions encountered . Oversized material is not anticipated to be encountered , and we plan to use hollow-stem augers to advance the borings . Bedrock is expected to be sedimentary and easily penetrated . Geocal's field engineer or geologist will log the borings and obtain representative soil and bedrock samples. The borings will be backfilled after drilling , and soil and bedrock samples collected will be returned to our laboratory. Selected samples will be programmed for testing and typical tests will include at least swell/compression , liquid and plastic limits, gradation , R-value, and water soluble sulfate (testing schedule is itemized on Table 1 ) . Tests will also be done for buried metal corrosion potential (pH , electrical resistivity, chloride, and sulfide concentrations) . However SEH may eliminate the cost for buried metal corrosion if that information is not needed . The results of the field and laboratory investigations will be evaluated to provide geotechnical design parameters for foundations, bearing pressures, and pavement sections. The foundation and pavement designs will be determined using current AASHTO and Colorado Department of Transportation procedures . ., 7290 South Fraser Street I Centennial , Colorado 80112-4286 phone: 303-337-0338 a web: geocal . us ANS Mr. Steve Kaye , P . E . Proposal for Geotechnical Engineering Services Weld County 68/59A Bridge Replacement Weld County, Colorado October 5, 2015 Page 2 of 2 Our engineering report will be prepared to summarize at least the following . • brief review of field and laboratory procedures, • site geology, physical description and photographs, • subsurface conditions encountered (soils, bedrock, and groundwater) , • results of laboratory testing , and • recommendations for foundations , embankments , and pavements . Proposed Fee and Schedule Our proposed fee to conduct the field work, laboratory testing , engineering analyses and report preparation is estimated at $13 ,772. 00 as itemized on the attached Table 1 . This amount will not be exceeded without prior approval . A draft report should be available for review within about 6 to 8 weeks of notice to proceed . Specific times may vary depending upon permitting , weather, and site access. However, we will keep you informed of our progress and any information available . We appreciate the opportunity to assist with this project. If you have any questions or need additional information , please feel free to give me a call . Sincerely, GEOCAL. • Ronald J . Vasquez, P . E. Principal Engineer Enclosure : Table 1 Cost Estimate for Geotechnical Services TRS/P15 . 1592 . 000 Table 1 - Cost Estimate for Geotechnical Services _ Weld County 68/59A over Crow Creek Bridge Replacement _ Weld County, Colorado Geocal , Inc. : 10/05/2015 ; P15 . 1592 . 000 (SEH ; Weld County) : Drill 3 exploratory borings (one at each abutment and one at pier) and two pavement borings in the roadway approaches . Abutment borings will extend to about 40-feet deep (using hollow-stem auger) , and the pavement borings will be augered to about 5 feet deep for pavement design . Traffic control to be provided . Field Engineering , Drill Supervision , drill rig from Denver, Traffic control from Loveland . Item Unit Quantity Unit Price Amount Field Engineering (Pre-Drill ) Obtain County Access Permit. Hour 3 $ 95 . 00 $ _ _ 285 . 00 Stake boring locations & alternates ; clear UNCC ticketing (or arrange ticketing through drill contractor) . RT travel ( 1 hr) + site stake & recon . ( 1 hr) + UNCC ticketing ( 1 hr) ; Centennial to site about 180 miles RT . Hour 8 $ 95 . 00 $ 760 . 00 General pre-drill coordination (drill planning , contact driller, etc. ) . Hour 1 $ 95 . 00 $ 95 . 00 Mileage ( 180 miles RT) , one field trip . Mile 180 $ 0 . 575 $ 103 . 50 Drilling Supervision & Directly Related Pre-trip supply load , post-drill cleanup , stage and review logs/samples _ Hour _ 1 $ 95 .00 $ 95 .00 Project RT travel . _ Hour 4 $ 95 . 00 $ 380 .00 Drill site includes logs , clean-up and site recon Hour 10 $ 95. 00 $ 950.00 Mileage ( 180 mi RT) Mile 180 $ _ 0 . 575 $ 103 . 50 Sub-Contracted Drilling Costs (at cost) Site time based on 8 hrs hollow-stem three borings to 40 feet and two borings to 5 feet. Mob/demob travel Lump Sum 1 $ 840 . 00 $ 840 . 00 Drill Operations , hollow-stem two abutment borings and one pier boring into bedrock estimated at 40 feet, two borings to 5 feet. Hour 10 $ 170 . 00 $ 1 , 700 . 00 Traffic Control includes mob/demob travel & set-ups, traffic control supervisor with 1 -Flagger/Laborer Site specific traffic control plan (per Weld County) Each 1 $ 75 .00 $ 75 . 00 Crews & equipment RT travel (Loveland to site) Hour 1 $ 240 . 00 $ 240 . 00 On-road site operations Hour 8 $ 140 . 00 $ 1 , 120 . 00 Signs & cones rental Day 1 $ 210 .00 $ 210 .00 Laboratory Testing Swell-Compression Each 6 $ 100 . 00 $ _ 600 . 00 Gradation Each 6 $ 85.00 $ 510.00 Liquid & Plastic Limits Each 6 $ 85 . 00 $ 510 . 00 R-Value Each 1 $ 450 .00 $ 450 .00 Unconfined Compressive Strength Each 0 $ 150 .00 $ - pH Each 2 $ 50 . 00 $ 100 . 00 Resistivity Each 2 $ 50 . 00 $ 100 .00 Chloride Each 2 $ 45 . 00 $ 90 . 00 Sulfide Each 2 A $ 45 .00 $ 90 .00 Water Soluble Sulfate Each 3 $ 45 .00 $ 135 . 00 Analysis & Report Preparation Graphics/cad , logs/location map , lab data Hour 8 $ 75 . 00 $ 600 . 00 Project Engineer - data , analysis , pavement design , draft/final report Hour 18 $ 120 . 00 $ 2 , 160 .00 Project Manager/Senior Engineer - report preparation , no meetings . _ _ Hour 6 $ 175 . 00 $ 1 , 050 .00 Principal Engineer - review Hour 2 $ 210 . 00 $ 420 . 00 Geotechnical Total : $ 13, 772. 00 Notes & Assumptions : Weld County is the only applicable ROW permitting authority; County-related project with no permit fees to be assessed . Water may be pumped from creek if needed - there will be no drill-related discharge into the waterway. Borings to be backfilled with surplus auger cuttings and/or make-up gravel . Ground water observations will be made at time of drilling . Pavement to be patched with at least 9 inches of cold patch asphalt. GEOCAL: BD\Proposals\SEH Inc\2015 Proposals\Weld County 68 A Bridge Replacement\Cost Proposal Exhibit B Corporate Headquarters 9100 West Jewell Avenue Lakewood, CO 80232 TEL 303 980 5200 FAX 303 980 0089 www pinyon-env.com Int October 9, 2015 Steve Kaye, PE Short Elliott Hendrickson, Inc. 2000 S. Colorado Boulevard, Suite 6000 Denver, Colorado 80222 Subject: Proposal to Complete Environmental Support Services, Categorical Exclusion Documentation, Bridge Replacement Project, Bridge Structure 68/59A over Crow Creek, Weld County, Colorado Dear Mr. Kaye: Pinyon Environmental , Inc. (Pinyon), is pleased to present this proposal to complete environmental support for a bridge replacement. Pinyon understands that Short Elliott Hendrickson, Inc. (SEH), is contracting with the Weld County to assist in design services related the replacement of Structure 68/59A which extends over Crow Creek, Weld County, Colorado. It has been determined that a National Environmental Policy Act (NEPA) study is required ; the level of study required is assumed to be a Categorical Exclusion (Catex) utilizing CDOT Form 128. Pinyon assumes that the Catex would be non-programmatic, and fall under the " D" list, specifically, D3 bridge rehabilitation, reconstruction or replacement. For this project, Pinyon will support the environmental task by completing technical studies as noted on CDOT Form # 128, as discussed in this proposal. Pinyon assumes that each report will have three (3 ) rounds of review/revision/comment; by SEH, Weld County and CDOT. Pinyon assumes SEH will provide up to a Field Inspection Review ( FIR) level of plans for Pinyon, SEH , Weld County and CDOT to concur on the study boundary prior to any field work being completed . The schedule assumes that all wetlands field work would occur within the growing season (May — October) prior to FIR. Most of the deliverables are design -dependent since an impact evaluation is required and may not be available until near or after Final Office Review (FOR). The following details Pinyon's scope of work, assumptions, and deliverables (Table l ). 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L C N _ ' C ds in c c a) c Q O Q O Q O CU a_ _ C O et < a. w < a— cn a. o 'cn Z cn Lid Z Can) cd Z v) CI" V) ,y 0 U N v >% 0 L c L O O O NI- L_ In -p o a U .— U �., of CU si C `� ft Lal u O O C) O 0 s 0 _ � � 0 > C C C a_ • L— Q Tt Z cn w ct LE > I— cdwcn ft 1 v) O - - I H a) L 4) > C bA • vi C aJ a. bit)i *-Z5to '471 � a, v ' c- Q u a o c .o a) o co L � � o > v •- O a.) 4-3 -p v Q � � = v w p = v •;V O L. L G = VW 04 � o W v CD a a CCI a o o v RS v OLa �-- svi IIcu = U &co o Q V) O Z Z a Pinyon estimates the cost to complete this project, in accordance with the outlined services, will be approximately $26,082.50 (Table 2). Pinyon will invoice on a time and materials basis, in accordance with our 2015 Rate Schedule (Attachment B) . The authorized amount will not be exceeded without prior approval. To authorize the outlined scope of services, please issue a task order. Should you have any questions or require additional information, please do not hesitate to call. Thank you for considering Pinyon for your environmental consulting needs. Sincerely, PINYON ENVIRONMENTAL, INC. firj, Robyn Kullas Environmental Scientist Cc: File Z:\Proposals\20I5 Proposals\Weld County Road 68-59A\SEH - 115057900p.000 I \Weld County Road 68_59A_scope.docx { 1 SEH • October 8, 2015 Page 7 Table 2 — Estimated Costs • Project Management Description Quantity Unit Rate Extension Labor Rates Project Manager 30.0 hours $ 148.00 $4,440.00 Word Processing/Clerical 10.0 hours $55.00 $550.00 Equipment/Material Unit Rates Truck/Van Mileage 560.0 miles $0.575 I $322.00 Project Initiation Fee 1 .0 each $ 125 .00 $ 125 .00 Task Subtotal $5,437. 00 i . Hazardous Materials (881 Form); travel expenses included in Wetlands Delineation Description Quantity Unit Rate Extension Labor Rates Project Manager 2.0 hours $ 148.00 $296.00 Project Engineer 12.0 hours $ 105 .00 $ 1 ,260.00 Equipment/Material Unit Rates Environmental Records Database 1 .0 miles $275.00 1 $275 .00 Laboratory Rates LBP Sample I 2.0 1 samples $ 15.00 $30.00 Task Subtotal $ 1,861 . 00 Wetlands and Waters of the US Survey and Delineation, Wetlands Delineation Report, PCN Description Quantity Unit Rate Extension Labor Rates Project Manager 4.0 hours $ 148.00 $592.00 Project Engineer 50.0 hours $ 105 .00 $5,250.00 Project Engineer (GIS) 8.0 hours $ 105.00 $840.00 Equipment/Material Unit Rates Truck/Van Mileage 140.0 miles $0.575 $80.50 Trimble 1 .0 each $225 .00 $225.00 Biology/Wetland Services - Day 1 .0 each $75.00 $75.00 Task Subtotal $7, 062.50 SB 40 (Programmatic Application); travel expenses included in Wetlands Delineation Description - - Quantity Unit Rate Extension Labor Rates Project Manager 2.0 hours $ 148.00 $296.00 Project Engineer 12.0 hours $ 105 .00 $ 1 ,260.00 Project Engineer (GIS) 4.0 hours $ 105 .00 $420.00 Task Subtotal $ 1, 976. 00 Threatened and (Species p Endangered S BRR, USFWS Clearance Letter, Noxious Weeds); travel g expenses included in Wetlands Delineation SEH October 8, 2015 Page 8 Description Quantity Unit Rate Extension Labor Rates Project Manager 4.0 hours $ 148.00 $592.00 g Engineer ineer 30.0 hours $ 105 .00 $3 , 150.00 g Engineer ineer (GIS) 4.0 hours $ 105.00 $420.00 g Task Subtotal $4, 162. 00 Historic (APE, Site Visit, Site Forms 2 resources) and Eligibility and Effects Letter) - Description Quantity Unit Rate Extension Labor Rates Project Manager 2.0 hours $ 148.00 $296.00 g P Project Specialist 43 .0 hours $ 109.00 $4,687.00 Engineer ineer 4.0 hours $ 105 .00 $420.00 g Equipment/Material Unit Rates Truck/Van Mileage 280.0 miles $0.575 $ 161 .00 COMPASS 1 .0 each $20.00 $20.00 Task Subtotal $5,584. 00 Project Total $26,082.50 - --- SEH October 8, 2015 Page 9 ACTIVITY RATE/HOUR Expert Witness - Expert Witness Preparation and Deposition $215 Principal Engineer/Scientist - QA/QC by Principal or Senior Technical Reviewer, Meetings $ 187 with Regulatory and Oversight Agencies Senior Engineer/Scientist - Remediation, Engineering Design, Investigation Design, $ 166 Development of Work Plans, Database Design, Training, Industrial Hygiene Project Manager - Project Management, Coordinates Multi-Disciplinary Teams, Response $ 148 to Agency Questions, Project Meetings with Clients/Regulators Project Specialist - Reports to Regulatory and Oversight Agencies, Preparation of $ 109 Permits, GIS Library Development and Data Analysis, Technical Review of Documents Project Engineer/Scientist - Phase I ESA Site Visits/Reporting, Interpretation of Data, Collection of Non-Field Data, Development of Logs and Maps, Pilot Testing, Biological and Wetland Field Mapping, Preparation of Reports to Clients, GIS Data Collection/ $ 105 Processing/Presentation, Asbestos Designer/Air Monitoring Specialist/Project Manager, Technical Review of Documents Staff Engineer/Scientist - Soil Logging, Monitoring Well Installation Oversight, Water- Level Surveying, Slug Tests, Field Oversight, Lead Driller, Miscellaneous Field Services, $96 Asbestos Building Inspector Staff l Technician - Groundwater Sampling, Sampling During UST Removals, Surveyor's $84 Assistant Drafting (Graphics) - AutoCad or Microstation Drafting $77 Field Technician/Project Assistant - Maintain Field Equipment, Data Management $70 Word Processing, Clerical $55 • LUMP SUM EQUIPMENT CHARGES Field Visits (General Projects) $40/day Field Visits (Wetland Delineations and Other Biology Field Activities) $50/day or $ 100/week Soil Logging (during drilling) $ 105/boring Monitoring well development $55/well • Monitoring well sampling $67/well Asbestos Sampling Kit $45/day Asbestos Air Monitoring Field Kit $ 110/day OTHER FEES Mileage (passenger car) Current IRS rate Project Initiation Fee $ 125 (flat fee) Outside Expenses (e.g., shipping, rental equipment, travel) Cost + 10% Subcontractor/Subconsultant/Laboratory Fees Cost + 10% Specialty In-House Equipment Billed as Indicated in Site-Specific Proposal Exhibit C October 14, 2015 Steve Kaye, PE, LEED AP Senior Structural Engineer SEH 2000 S . Colorado Blvd . Suite 6000 Denver, CO 80222 Re : Scope and Cost Proposal — Right of Way Acquisition Weld County Bridge WCR 68/59A Dear Steve, Pursuant to your recent request this letter is to set forth a scope of services for our work and establish a cost to perform same for the above referenced project. PROJECT DESCRIPTION Weld County is preparing to replace an existing bridge at the location referenced above. Weld County is receiving Federal Aid administrated through the Colorado Department of Transportation (CDOT) and therefore the right of way acquisition necessary for this Project must adhere to the Federal Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970, as Amended (Public Law 91 -646) . Information provided to Western States indicates that the right of way will include acquisition of 4 temporary easement to accommodate the new bridge. It is unknown how many ownerships may be involved with the new bridge at WCR 68, and we are assuming no more than 4 individual and distinct private ownerships Since the acquisitions for the WCR 68 bridge are considered to be only temporary at this time, the right of way values can be determined by Waiver Valuations (formerly Value Findings) . The County minimum values of $300 for temporary and $500 for permanent rights will be utilized if necessary. It is our understanding that the County intends to use its own funds to acquire the necessary real estate interests and therefore Administrative Settlements approved by CDOT will not be necessary. Although it is necessary to comply with the provisions of the Federal "Uniform Act," we anticipate that there will be no physical relocations �. ___ S. Kaye November 3, 2015 Page 2 of 5 associated with the Project. It is our understanding that the SEH and the County will provide all surveying and engineering services necessary to accommodate the right of way acquisition process, including field staking as necessary . SCOPE OF SERVICES Our services will conform to the Conditions of Services attached hereto. In order to conduct the acquisitions for this Project, according to standards provided by Weld County, and the Uniform Act, Western States will perform the following : 1 . Right of Way Plans Coordination Western States will interface with the County staff, engineer, surveyor and CDOT as necessary to ensure that approved right of way plans have been established prior to initiation of the acquisition activities. In that regard, as necessary, we will provide additional coordination efforts with the Project title provider and, if necessary, appraiser. Along with the approved right of way plans, we will track the completion of appropriate legal descriptions to be used for the acquisitions. 2 . Title Research and Commitments Western States anticipates that SEH/Weld County will provide for title research and commitments through a local title company. At the request of the SEH and the County Western States will coordinate with the title company as necessary. For smaller acquisitions, it may be acceptable to obtain an Ownership and Encumbrance Report only and this will be reviewed with SEH/County on a case- by-case basis. As the title work is completed, Western States will coordinate with the title company to ensure that all appropriate parties are provided with the necessary title work in order to complete the right of way plans and initiate the acquisition process . 3 . Appraisal Reports & Value Findings As indicated above, it appears that that the magnitude of the acquisitions may be small enough to fall below the Statutory $5 ,000 .00 threshold. In this case, Western States can prepare Waiver Valuations/Value Findings in a standard CDOT format. Upon completion of the right of way plans and the final determination of necessary property acquisitions, Western States will coordinate with SEH/ County as to the preparation of appraisals or value findings, as necessary and coordinate the approval of same with CDOT. Appropriate Release of Appraisal requirements will be requested as necessary. 4 . Notice of Interest letters and associated documentation Western States will develop a proposed format for the formal Notice of Interest letter and accompanying documentation for initiation of the formal negotiation process. These letters will be modified as necessary dependent upon the estimated value of the specific right of way parcels to be acquired and the need to acquire the of way parcels by negotiation or donation . Western States will review the format for these documents with SEH/County as necessary to ensure that all C :\Users\skaye\AppData\Local\Temp\notes0B0390\Steve Kaye SEH Proposal Bridge 68-59A 11 -2- 15.doc S. Kaye November 3, 2015 Page 3of5 documentation is compliant with County and Uniform Act standards prior to presentation to the subject property owners. 5 . Offers and Negotiations At such time as any necessary valuations are completed and approved by CDOT, Western States will prepare Offer letters using documentation approved by Weld County and CDOT. Western States will conduct negotiations in an effort to reach a mutually agreeable settlement with the subject property owners and subject to the County' s and CDOT' s standards and procedures. The aforementioned Offer shall include presentation of Agreements and associated attachments in a form approved by the County and CDOT. Upon acceptance of any such Agreements by the subject property owner(s), the executed documents will be returned to the County ' s Senior Right of Way agent for processing along with an executed IRS form W-9 . 6 . Taxes, Liens and Encumbrances Once the title commitments referenced above have been completed, Western States will review with all necessary parties the need to obtain clearance of title to any of the subject properties . To the extent reasonable and practical, Western States will work with the property owners and Title Company to attempt to obtain clear title . Depending on the complexity of the liens and requirements of the lien holders, it may not be feasible or necessary to obtain releases of all financial encumbrances and the details of these will be reviewed on an individual basis with the appropriate project participants in order to determine a proper course of action. 7 . Closings Upon completion of the necessary Agreements, Western States will work with the project participants and Title Company to effect closings of the right of way acquisitions . For smaller easement acquisitions (Waiver Valuations) it is expected that formal closings will not be necessary through a title company and Western States can obtain a stand Closing Statement and Receipt from the property owner(s) at time of payment. . 8 . Eminent Domain In the event an impasse is reached in the negotiations for the right of way required for the Project, pursuant to County and CDOT negotiations requirements, Western States will prepare and submit a Final Offer to the property owner(s) . The letter will include a chronological list of all contacts, whether written or verbal and include copies of all documents previously delivered to the owner. In the event the property owner fails to agree to the terms of the Final Offer within 15 days, a completed file will be forwarded to the County ' s Senior Right of Way Agent for consideration of proceedings under eminent domain . As necessary, the appropriate ro riate representatives of Western States Land Services, Inc . involved in the specific negotiations will be available to attend immediate possession hearings necessary to grant possession of the necessary property to the County. C :\Users\skaye\AppData\Local\Temp\notes0B0390\Steve Kaye SEH Proposal Bridge 68-59A 11 -2- 15 .doc S. Kaye November 3, 2015 Page 4 of 5 ESTIMATED COSTS OF SERVICES In order to conduct the services identified above, we have complied the following estimate . It should be noted that this estimate is predicated in large part on a cooperative relationship with the subject property owners and the project co-consultants and participants. A primary consideration for Western States in estimating its potential work efforts includes the number of individual property ownerships with which it must negotiate . For this Project, we anticipate that there will be four individual property owners at the WCR 68 bridge location with which Western States will engage in negotiations. Western States intends to utilize staff from its Loveland office to accomplish this work. The following is our brief estimate of potential costs for both projects : 1 . WCR 68/59A Supervisor (20 hours x $75 per hour) $ 1 , 500.00 Agent ( 140 hours x $60 per hour) $8,400.00 Clerical Assistance (40 x $40 per hour) $ 1 ,600 .00 SUBTOTAL TIME $ 11 ,500.00 Expenses (mileage, photo copies, postage, telecom, etc .) $ 1 ,000 .00 TOTAL FOR BASIC RIGHT OF WAY ACQUISITON SERVICES (pre condemnation) $ 12,500.00 As with all of our work for Weld County, we note that the fees estimated above is not a fixed bid and SEH and the County will be charged only for the actual time and expenses incurred during the conduct of our services. We will not exceed the budget established above without prior written consent of SEH/the County. Any services expended during any condemnation process are not included and will be charged at the rates as shown on the attached Fee Schedule. We are ready to begin work on this Project as soon as you provide us notice to proceed and a purchase order. Should you have any questions regarding the information contained herein, please do not hesitate to contact me at your earliest convenience Sincerely, WESTERN STATES LAND SERVICES, INC . C :\Users\skaye\AppData\Local\Temp\notes0B0390\Steve Kaye SEH Proposal Bridge 68-59A 11 -2- 15.doc S. Kaye November 3, 2015 Page 5 of 5 Phil B. Mazur SR\WA — President PM/ CC : SEH CONTRACTS FILE Attachments : Fee Schedule Conditions of Services C :\Users\skaye\AppData\Local\Temp\notes0B0390\Steve Kaye SEH Proposal Bridge 68-59A 11 -2- 15.doc Exhibit D Project: 68/59A Bridge Replacment Project Client: Weld County Date: 11/20/15 Workhour Estimate - SEH Inc. Project D,sa ph ne/Sub Task No Pr,ncpal Manager - Engineer - PE Engineer EIT CAD Designer Accounting surveoor Total Lump Sum O/VC•C $ 21604 S 170 70 S 124 89 $ 94 70 S 118.59 $ 115 68 5 121 98 1 PROJECT MANAGEMENT a Kickoff1Desrgn Soaping Review(DSR) Meeting 8 8 b Project Schedule 1 8 9 c Design Cnteria Memorandum 1 2 3 d Project Correspondence and progress meetings 14 14 e Subcontractor and discipline management 28 28 f i Project financial, invoices, billing,progress reports 14 8 22 1.0 Subtotal 1 73 _ 0 0 9 0 84 Task Cost $216 04 51 2.461 19 522n 91 50 00 5000 5925 41 SO 00 50 00 $13.828 00 2 SU Y a Right of Entry 2 S 24300 2 0 S 1 595 00 10 b Survey Control Work10 12 S 1,14000 12 c Topographic Surrey velaerial topography S 2,160 00 0 d Utility locates. potholes(4) e Survey Expenses-aerial topo,survey truck, survey equipment S 4,780 00 2 Subtotal 0 0 0 0 _ _ _ 0 _ 0 24 24 Task Cost 5000 $000 $000 S000 5000 5000 $9,91800 $99'.800 3 GEOTECHNICAL SERVICES See Exhioit A for fee breakdown $ 13.772 00 0 3 Subtotal 0 0 0 0 0 0 0 0 Task Cost 5000 S000 $000 $000 S000 $000 5000 $13.77200 513,77200 4 ENVIRONMENTAL SERVICES 1--- See Exhibit B for fee breakdown S 26,082 50 0 0 1 0 � 0 n 0 1 0 � 0 � D I --..0 ..m,4 Subtotal .... s Task Cost S0 00 SO 00 $000 SO 00 SO 00 50 00 SO 00 $26 082 50 $28,083 00 5 /6 A a Data Collection/hydrologc modeling 10 24 34 b HEC•MMS Modeling 14 31 45 c Existing Conditions Model 10 18 28 d Proposed Conditions Model 4 19 23 e 61/88A Hydraulic Report 3 12 17 f QA/QC 3 - -- 3 w - , -r r_s 5 Subtotal + 0 1 3 41 -1 104 1 2 1 0 0 150 Task Cost $000 551: 10 $571147 $1007850 323717 5000 5000 50110 516,54000 6 CONCEPTUAL DESIGN (SSR1 a Bridge Alternative Assessment 2 8 10 b Preliminary Structural Analysis 1 6 10 17 c Engineer's Cost Estimate for Alternatives 1 2 6 9 d Prepare Structure Selection Report 20 20 e QA/OC 2 5 10 20 6 Subtotal _ -- 2 1 12 8 J 44 1 10 0 - 0 76 I as OS - ..,. _.. .. - - " .;,. . ,. :i. :. 7a in • es• 7 PRELIMINARY DESIGN (FIR1 I a Preliminary Bridge Design 4 18 22 b Preliminary Roadway Design 4 8 12 c Preliminary Hydraulic Design 16 24 . 40 e Utility Coordination 4 8 12 • e Preliminary Environmental Design• See Exhibit B t FIR submittal 2 8 24 34 g FIR Meeting, Agenda. Minutes 8 8 h .1A/OC 2 J 6 > 8 Subtotal - 2 20 32 50 1 32 0 0 0 136 Task Cost $43208 53 414 32 5 4 192 75 $4 751 50 S3.794 15 50 00 SO 00 $000 - S/6.586 00 8 ROW PLANS a 3 Title commitments S 1.50000 0 12 S 1.458 00 12 b Review title commitments and mapping c Create legal descriptions(assume 4 descriptions) 12 S 1,458 00 12 72 S 8.744 00 ' 72 d Proposed ROW plans(if necessary) e ROWPR meeting _ 8 -- -- -- - -_ — 8 8 Subtotal 0 8 0 0 0 0 96 104 Task Cost 50 00 $1,365 61 $0 00 50 00 SO 00 SO 00 513,16000 514.526 CO 9 FINAL DESIGN (FOR) a Incorporate FIR Comments 2 8 8 18 b FOR Structural Design 8 92 118 218 c FOR Roadway Design 24 80 104 d FOR Hydraulic Design 27 59 14 100 e Utility Coordination 2 10 12 0 f FOR Environmental Design-See Exhibit B g FOR Submittal Package 12 80 280 352 h FOR Meeting,Agenda, Minutes 8 8 i OA/QC 2 --- 20 22 - -- _ -. _ _- ------9 Subtotal 2 52 153 245 382 0 0 0 834 Task Cost 5432 08 $8.876 46 $18,758 23 S23 070 62 $45 29985 SO 00 SO 00 $0 00 596,438 00 < 10 BID DOCUMENTS a Respond to FOR Comments 4 8 12 24 b Submit Final Plans, Specifications and Cost Estimate 2 4 10 16 c Fine Bridge Serapes-Deagn Notes.eidependent Check NOM.Fold Pack Rates.Etc 4 16 20 4 d OA/OC --- --- - 4 - - - - --. -- - 10 Subtotal 0 4 10 28 _ 22 0 0 0 64 Task Cost SO 00 $682 80 S1 114 56 52.612 28 SC 503'M 00 $0 00 $0 00 57.019 00 11 ftOW ACQUISITION 68/59P See Exhibit C for fee breakdown 12500 0 11 Subtotal 0 0 0 0 0 0 0 0 Task Cost $000 $000 $000 $000 $000 S* 'JU S000 $1250000 t 512,50000 12 DESIGN SERVICES DURING CONSTRUCTION a Respond to Contractor &riding Questions 2 4 8 14 b Respond to Project RFIs(assume 4) 2 4 16 22 d Review Project Submittals/Shop Drawings(Assume 10 submittals) 6 12 32 50 e Preparation of LOMR 30 4 41 12 Subtotal 0 10 27 Se 4 0 0 1 127 Task Cost 50 00 51.707 01 53,204 25 S8 131 82 $474 34 SO 00 50 0] 50 00 1 513,518 00 - Workhour Summary - I Project Management 1 '3 2 0 0 8 0 0 84 12 Survey 0 0 0 0 0 0 24 0 24 3 0eotechnical Services 0 0 0 0 0 0 0 0 0 4 Environmental Services 0 0 0 0 0 0 0 0 0 5 Hydraulics and Hydrology 61/68A 0 3 41 104 2 0 0 0 150 6 Conceptual Design(SSR) 2 12 8 44 10 0 0 0 78 7 Preliminary Design (FIR) 2 20 32 50 32 0 0 0 136 8 ROW Plans 0 8 0 0 0 0 96 0 104 9 Final Design(FOR) 2 52 153 245 382 0 0 0 834 10 Bid Documents 0 4 10 28 22 0 0 0 84 11 ROW Acquisition 68/59A 0 0 0 0 0 0 0 0 0 12 Design Services During Construction 0 10 _ 27 86 4 0 0 0 127 • Total Workhours , 182 273 557 452 8 120 1599 SEH LABOR SUBTOTAL $197,035 SUBCONSULTANT COSTS GEOCAL Geotechnical $13,772 Pinyon • Environmental $26,083 I Western States 68/59A Acquisition $12,500 SUBCONSULTANT TOTAL $52,355 • SEH DIRECT COST MILEAGE 5 MEETINGS(DSR/Wckoff,FIR,ROWPR, FOR, 1 Misc) $500 TOTAL $249,890 OPS 75% 518,742 l IPROJECT TOTAL, $268,6321 I. I : r Exhibit C2 November 30, 2015 Mr. Richard White, Project Manager Weld County Administrative Building 1150 O . Street Greeley, CO 80631 Dear Mr. White : We are pleased to provide this letter scope and fee to provide Professional Services between Weld County, Owner, hereinafter referred to as the "County", and SEH in connection with 61/68A Bridge Replacement Project ( hereinafter called the " Project" ) . The scope provided is based on SEH 's understanding of the project as determined through correspondence with Richard White, who is the County Project Management. The scope includes engineering support services for the County to design and construct the bridge . The bridge is scheduled to be replaced by the County in the spring of 2016. The services included in this proposal will be performed in conjunction with design services for the replacement of 68/59A Bridge Replacement Project . Scope : The project includes the following tasks : 1 . Project Management 2 . Survey 3 . Environmental ( Exhibit A) 4. Hydraulic and Hydrologic Task description : 1 . Project Management a . Project meetings ( assume 1 ) and general correspondence with County staff. b . Coordinate and manage project disciplines and subconsultants — prepare subcontracts, review submittals, general correspondence to facilitate work. c . Project Financial Management — Prepare invoices, track budget, process subcontractor invoices, track subcontractor budgets 2 . Survey - The SEH team will perform the following survey tasks : a . Obtain required Right of Entry Weld County 61/68A Bridge Replacement Proposal November 30, 2015 b . Setup survey control and aerial panels c . Topographic survey of Crow Creek from approximately 1000' upstream of structure 61/68A to 1000' upstream of structure 68/59A including adequate channel cross- sectional information to perform all the required hydrologic and hydraulic analyses required to design the 61/68A structure . d . Utility locates to locate all utilities in the immediate vicinity of the bridge that may be affected by construction and include location information in the project base map . Utility potholes ( up to 4 included ) to determine the size, depth , and location of the required utilities with survey of the potholes to be shown in the base map . 3 . Environmental — Pinyon Environmental Inc. will be used a subcontractor to perform environmental services . Their scope is attached in Exhibit A. 4. Hydrologic & Hydraulic evaluation of 61/68A crossing a . Data Collection/hydrologic modeling i . Hydrologic Research including : rainfall frequency, soil types, land use, basin imperviousness, previous studies, existing bridge plans, FEMA data , upstream diversions, storage areas, water rights, and other flow removals ii . Site investigation b . HEC- HMS Modeling i . Basin delineation ii . Build HEC-HMS model of Crow Creek, review model results, revise model per review iii . Develop HEC- RAS model for replacement structures with the anticipation that water surface elevations will be in accordance with Weld County standards and will not be significantly raised . c. Existing conditions model i . Obtain and review effective conditions model from County or FEMA. ii . Build revised existing conditions HEC- RAS model from topographic data . iii . Review and revise model results, determine water surface elevations for existing structure 61/68A. d . Proposed conditions model i . Revise HEC-RAS for proposed bridge configurations for structures 68/59A. ii . Review and revise model per bridge configurations and comments . e . Hydraulic Report — Summarize hydrologic and hydraulic analyses and modeling and provide recommendations for structure 61/68A. f. QA/QC hydrologic and hydraulic elements . Deliverables : SEH will submit to the County 1 . CAD files for topographic survey of the area described above . 2 . Hydraulic Report for structure 61/68A 3 . Environmental documents and reports required to obtain permit clearances . Page 2 Weld County 61/68A Bridge Replacement Proposal November 30, 2015 The County will review each submittal and provide comments that will be incorporated into a final submittal . SEH will prepare each submittal to be in accordance with County standards and requirements . Engineering Services Fee : You will pay SEH a fee of $46,712 for our services related to the Project, including labor and other direct costs . A breakdown of this fee is provided in Exhibit B . This amount includes $ 1,099 for Other Professional Services (OPS) . Additional Services : We will furnish such Additional Services as you may request . Payment for additional services shall be based on the time required to perform the services and the billable rates for the principals and employees engaged directly on the project, plus charges for expenses and equipment . SEH would be happy to provide additional services once authorized by the County. If an item is not specifically included in this scope, it is specifically excluded . Services specifically not included in this scope are included but not limited to : 1 . Additional meetings, beyond the one meetings mentioned above . 2 . Geotechnical services, soil investigation , and foundation recommendation report. 3 . Design services for Structure 61/68A including bridge design , roadway design , utility design , ROW plans . 4. Any construction inspection and administration services for structure 61/68A. Schedule : We will start our services promptly after receipt of your authorization and will create a project schedule, which will be incorporated into the schedule for Bridge 68/59A. The schedule will endeavor to identify all the critical elements of the project to meet the County' s schedule for replacement of the 61/68A structure . This project schedule is subject to all other stakeholders meeting their respective deadlines . If there are delays in the Project that are beyond our control, you agree to grant additional time to • complete the services . Sincerely, SHORT ELLIOTT HENDRICKSON INC. Paul Wells, PE Steve Kaye, PE Principal Project Manager t:\dscc\communications\structural\1 -submittals\2014\weld county 26_25a bridge replacement\scope and fee\scope and fee letter.docx Page 3 I Exhibit A Corporate Headquarters 9100 West Jewell Avenue Lakewood , CO 80232 �` TEL 303 980 5200 FAX 303 980 0089 www. pinyon-env.com Environmental, Inc. November 19, 2015 Steve Kaye, PE Short Elliott Hendrickson, Inc. 2000 S. Colorado Boulevard, Suite 6000 Denver, Colorado 80222 Subject: Proposal to Complete Environmental Support Services, Categorical Exclusion Documentation, Bridge Replacement Project, Bridge Structure 61 /68A over Crow Creek, Weld County, Colorado Dear Mr. Kaye: Pinyon Environmental , Inc. (Pinyon), is pleased to present this proposal to complete environmental support for a bridge replacement. Pinyon understands that Short Elliott Hendrickson, Inc. (SEH), is contracting with the Weld County to assist in design services related the replacement of Structure 61 /68A which extends over Crow Creek, Weld County, Colorado. 0 Pinyon understands this project may impact US Army Corps of Engineers (Corps) jurisdictional Waters of the US, including wetlands (WUS) and a National Environmental Policy Act (NEPA) review is required. Pinyon understands the Corps will be the lead agency for the NEPA review. For this project, Pinyon will support the environmental task by completing technical studies as discussed in this * proposal. Pinyon assumes that each report will have two (2) rounds of review/revision/comment; one by SEH and a second by Weld County. Pinyon assumes SEH will provide up to a Field Inspection Review (FIR) level of plans for Pinyon, SEH , and Weld County to concur on the study boundary prior to any fieldwork being completed . The schedule assumes that all wetlands fieldwork would occur within the growing season (May — October). The following details Pinyon's scope of work, assumptions, and deliverables (Table l ). c O 4-1 tn 0 o c v) et a O Rs.I v) N4-1 L ^ Z U L. S- Nt`" UZ ._� 0 ° o 0 0 O E .c a. L a. U Z C .� a. Ft • • • • DC C ft cd -D •- N../ind ,� 5 cu la L. 4 —et u -2 t_ E u c 0. U '- L C OV C .',) w O c d •bo TA — vi• CD = N L. 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E L Sc o O V '_CI in 4J V C CU evi II w O et U > H cctWcn In— = m ZZv) V) Z• o - J Pinyon estimates the cost to complete this project, in accordance with the outlined services, will be approximately $ 14,865 .50 (Table 2) . Pinyon will invoice on a time and materials basis, in accordance with our 2016 Rate Schedule (Attachment B) . The authorized amount will not be exceeded without prior approval. To authorize the outlined scope of services, please issue a task order. Should you have any questions or require additional information, please do not hesitate to call. Thank you for considering Pinyon for your environmental consulting needs. Sincerely, PINYON ENVIRONMENTAL, INC. thtilt7 Robyn Kullas Environmental Scientist Cc: File Z:\Proposals\20 15 Proposals\Weld County Road 6 I _68A_ 115057900p.00 14\Weld County Road 61 _68A_scope.docx SEH November 19, 2015 Page 5 Table 2 — Estimated Costs " Project Management Description Quantity Unit Rate Extension Labor Rates Project Manager 18.0 hours $ 155 .00 $2,790.00 g Field Technician/Project Assistant 10.0 hours $74.00 $740.00 Equipment/Material Unit Rates Truck/Van Mileage 140.0 miles $0.575 $80.50 Project Initiation Fee 1 .0 each $ 125.00 $ 125.00 Task Subtotal $3, 735. 50 Wetlands and Waters of the US Survey and Delineation and PCN. Does not include travel time, :mileage, GPS unit or day service cost; these items assumed to be covered under a separate project. ilk Description Quantity Unit Rate Extension Labor Rates Project Manager 4.0 hours $ 155 .00 $620.00 Project Engineer 25.0 hours $ 110.00 $2,750.00 Project Engineer (GIS) 8.0 hours $ 110.00 $880.00 Task Subtotal $4,250. 00 Threatened and Endangered Species review including USFWS Clearance Letter. Does not include ravel time, mileage, GPS unit or day service cost; these items assumed to be covered under a . _ eparate project. Description Quantity uanti Unit Rate Extension Labor Rates Project Manager 4.0 hours $ 155.00 $620.00 Project Engineer 15 .0 hours $ 110.00 $ 1 ,650.00 Project Engineer (GIS) 4.0 hours $ 110.00 $440.00 • Task Subtotal $2, 710. 00 Historic (APE, Site Visit, Site Forms [2 resources) and Eligibility and Effects Letter). Does not include travel time or mileage; these items assumed to be covered under a separate project. Ill Quantity Q ty Unit Rate Extension Labor,, Rates j Proect Manager 2.0 hours $ 155 .00 $ 310.00 g Project Specialist 30.0 hours $ 114.00 $3 ,420.00 st Project Engineer 4.0 hours $ 110.00 $440.00 is Task Subtotal $4, 170. 00 Project Total $ 14,865 .50 SEH November I9, 2015 Page 6 ACTIVITY RATE/HOUR Expert Witness - Expert Witness Preparation and Deposition $215 C b Princi al or Senior Technical Reviewer, Meetings Principal Engineer/Scientist QA/Q y p $ 196 with Regulatory and Oversight Agencies Senior Engineer/Scientist - Remediation, Engineering Design, Investigation Design, $ 174 Development of Work Plans, Database Design, Training, Industrial Hygiene Project Manager - Project Management, Coordinates Multi-Disciplinary Teams, Response $ 155 to Agency Questions, Project Meetings with Clients/Regulators Project Specialist - Reports to Regulatory and Oversight Agencies, Preparation of $ 114 Permits, GIS Library Development and Data Analysis, Technical Review of Documents Project Engineer/Scientist - Phase I ESA Site Visits/Reporting, Interpretation of Data, Collection of Non-Field Data, Development of Logs and Maps, Pilot Testing, Biological and Wetland Field Mapping, Preparation of Reports to Clients, GIS Data Collection/ $ 110 Processing/Presentation, Asbestos Designer/Air Monitoring Specialist/Project Manager, Technical Review of Documents Staff ll Engineer/Scientist - Soil Logging, Monitoring Well Installation Oversight, Water- Level Surveying, Slug Tests, Field Oversight, Lead Driller, Miscellaneous Field Services, $ 101 Asbestos Building Inspector Staff I Technician - Groundwater Sampling, Sampling During UST Removals, Surveyor' s $88 Assistant Drafting — AutoCad or Microstation Drafting $81 ((Graphics) Field Technician/Project Assistant - Maintain Field Equipment, Data Management $74 Word Processing, Clerical $58 LUMP SUM EQUIPMENT CHARGES Field Visits (General Projects) $40/day Field Visits (Wetland Delineations and Other Biology Field Activities) $50/day or $ 100/week Soil Logging (during drilling) $ 105/boring Monitoring well development $55/well Monitoring well sampling $67/well _ - - -- Asbestos Sampling Kit $45/day Asbestos Air Monitoring Field Kit $ 1 10/day OTHER FEES Mileage (passenger car) Current IRS rate Project Initiation Fee $ 125 (flat fee) Outside Expenses (e.g., shipping, rental equipment, travel) Cost + 10% Subcontractor/Subconsultant/Laboratory Fees Cost + 10% Specialty In-House Equipment Billed as Indicated in Site-Specific Proposal I O CO O M O) N r -' n (O CO O r O) if- CD CO CO 03 •- t0 0 h O 0 III O O V V to co O O o t+) r r to e 0) Ow a W w w ICI N N0 NI O v a) OO co NNI N N O N M (D~ � Aa a ..i.a� J fn JU) o J^y • C Q F- C F" i- "'' Q Zr Q ri 0 O O O O ~ N O O ~ N ~ (h in 66 O D E co n o 00 E 00 0 F- m cn o N v 0 m c111111111 ot o 0 0 0 0 o m I- o F- F- H a o ,- , N v c Z " Z U U aE „ 0 Q 5 Q w w w n CL 1- w Cci tyi J to 69 e» EA fi O -,-I j p w p ; CO o J a a ir co I g 0 cn =z c Zp w 2 O 0 0 = O >. 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Co d U O ~ — .— — - MEMORANDUM Date: December 21,2015 To: Trevor Jiricek,General Services Director From: Richard White,Project Manager { Don Dunker,County Engineer RE: Bridge 68/59A Design Contract Award(RFP No.B1500143) BOCC Approval Date December xx,2015 The Public Works Department provided a pass-around to the BOCC on December 9k", describing the negotiations that have taken place with S.E.H. Engineering consulting firm. The Board approved the bridge 68/59A pass-around, authorizing moving forward with the execution of the Professional Services Agreement. It is our recommendation to execute the design contract with S.E.H. Engineering consulting firm by having the Board Chairman sign the went. It is anticipated that the design and bid documents will be done by late 2016 and construction will be done in the spring of 2017. Attachments: • Previous pass-around for this project. • Professional Services Agreement to be executed. 'Qv-•4` ctit,Vit.,t .6A.. " g16-911- w 3 (O (9 - ac o 3t5-; 41.00 /x/301/.5 c/5 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Bridge 68/59A Replacement Project—Design Consultant Selection DEPARTMENT:_PCtBLtC WURKS DATE: __A2/9O01_ PERSON(S) REQUESTING: Don Q_ QkgrRicl White Brief description of the problem/issue: Weld County has received federal funds for the replacement of Bridge 68/59A over Crow Creek. The project is located on WCR 68 approximately 1/4 of a mile east of SH 392. The County intends to replace the existing deficient bridge, which is 94 foot long concrete structure built in 1957, with a slightly longer and wider structure. The total budget has been estimated at approximately$1,500,000. Public Works conducted a selection process to select a consultant for the design phase of this project. The funding for this project is a CDOT Bridge replacement Grant that will provide reimbursement for the design phase as well as the construction phase. In order to be eligible for design reimbursement, a QBS style consultant selection process was required and is now complete. The consultant selection team consisted of Don Dunker, Mike Bedell, Cinde Wright, Marcia Walters and Richard White. Nine consulting firms replied to the Public Works request for qualifications (see attached list). From that list,three consulting firms were short-listed and a Request for Proposals(RFP) was given to each of the three. The RPP for the design of Bridge 68159A replacement project, also specified some consulting work to be done which will include Bridge 6l/68A, just upstream from the 68/59A bridge. Public Works can only apply for reimbursement of design work done by the consultant for bridge 68/59A,however. The design phase for the replacement of bridge 68/59A, along with advertisement and award of a construction contract, wilt take over a year. In the mean time, bridge 61/68A is scheduled to be replaced by Weld County crews. Additional work to be done by the consultant includes hydraulic analysis, soil testing and environmental clearances for bridge 61/68A and is essential for this project. Some of the work the consultant will do will help Public Works determine the required dimensions for the replacement of bridge 61/68A. The flood plain that affects both bridges will be analyzed,and a report provided, showing the affect of the replacement of both bridges on the flood plain. Bridge 61/68A will be replaced by WC crews during the summer of 2016;this will allow CR 61 to be used as part of the detour route,while the bridge 68/59A project is under construction. The consulting firm of Short Elliot & Hendrickson (S.E.H.) scored the best during the consultant selection process (see attached scoring sheet). We have completed negotiations with S.E.II., the fee for design of bridge 68/59A is $268,632 (17.8%of the project total), which is the reimbursement amount that CDOT has agreed to pay. CDOT has authorized the award of this design contract to S.E.H. The fee amount for work involving bridge 6l/68A is$46,712;this amount will be paid by Weld County. Public Works recommends award of contract to S.E.H. for a total amount of$315,344. What options exist for the Board: 1. The Board can direct staff to proceed with the design contract award and place this item on the BOCC agenda,or 2. Direct staff to schedule a work session for further discussion. Approve Schedule Recommendation Work Sgssion Comments Barbara Kirkmeyer,Chair _ Mike Freeman,Pro-Tem [-1\F Sean P. Conway __ _ _ _.. __.._-__ Steve Moreno _ Julie Cozad ►..'4t., ol O 00, at V .Q N vl m L S co O 10 W r w d c.i 0 IIICr a— M fo Y O ut. al .- ct Q, in �. N Ch pCC E o to 00 O M a css To a m E O c E ~ I ' to E c o o O a a a C Y C W Sr WELD COUNTY PURCHASING a r 1150 O Street Room #107, Greeley CO 80631 E-mail: mwaltersco.weld.co.us I E-mail: reverett(a�co.weld.co.us - fill Phone: (970) 356-4000, Ext 4222 or 4223 -© L r T Y i Fax: (970) 336-7226 t_. DATE OF BID: JULY 10, 2015 REQUEST FOR: RFQ - ENGINEERING SERVICES - BRIDGE 68/59A REPLACEMENT DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1500143 PRESENT DATE: JULY 13, 2015 APPROVAL DATE: WILL LET CTB KNOW WHEN RFQ/RFP IS READY TO AWARD VENDORS ***THE PUBLIC WORKS DEPT WILL BE REIVEWING THESE BIDS. 2015-2062 Hello